THE jury in the case of Sligo international showjumping rider Michael Kearins, who denies a charge of deception over the sale of ponies overseas, has been sent home for the weekend.

After deliberating for two hours and 20 minutes this evening (Friday), the jury at Sligo Circuit Court told Judge Francis Comerford that they had not reached a verdict.

They will resume their deliberations on Monday morning.

Prosecution counsel, Dara Foynes, earlier told the jury that the defendant Michael Kearins had allegedly committed “a very organised and deceitful fraud” when he sent a pony to a family in Majorca which was not the one they had agreed to buy.

Mr Kearins of Knockbeg, Collooney, Co Sligo, who currently lives in the USA, pleaded not guilty at Sligo Circuit Court to a charge of deception between August 24th 2012 and October 19th 2012. He denied that he had a “pulled a fast one” when he sent a skewbald pony to a family in Majorca who had seen and tested out a different skewbald while on a visit to Ireland.

Ms Dara Foynes suggested to Mr Kearins that Spot, the skewbald he had sent out, was “a ringer” for Buddy, the animal which Donegal-born business man Sean Ewing and his wife Terry had agreed to buy after seeing the pony three times.

The accused said the markings and the stature were different. He said he had been due to get €6,500 for Buddy and only €2,500 for Spot.

Mr Kearins told the court that Terry Ewing had asked him to source a different pony which would be safe for her children when Buddy’s owner, a neighbour of his, had decided not to sell.

Mr Kearins says he learned on October 9th 2012 that owner Felix Burke no longer wished to sell Buddy and he had a phone conversation with Mrs Ewing the following day where they discussed getting a different pony.

Mrs Ewing told the court that this was “ludicrous’’ and that she would never have bought a pony which she had not seen.

GARDA COMPLAINT

Detective Garda Joseph Scanlon told the court that on November 1st 2012, two days after Spot and another grey mare Teddy were delivered to Majorca, Gardaí received a complaint from Sean Ewing.

He said it had taken him four and half years to make contact with the defendant who did not answer calls to his phone. He finally met Mr Kearins when he returned to Ireland for his grandfather’s funeral.

Detective Scanlon said he had got a warrant to access the defendant’s bank account in June 2015 when he saw that €10,000 had been received from Sean Ewing on October 5th 2012.

The jury heard that at one point the agreement between the two parties was that Mr Ewing would pay a total of €20,000 for two ponies, with €10,000 to be paid as a deposit and the remainder when the ponies were delivered.

Jim Ewing, a brother of complainant Sean Ewing, told the court that on October 19th 2012, he went to Collooney at the request of his brother when the two ponies were being loaded up for delivery to Spain.

He said the defendant’s father, Colm Kearins, was there and at all times stayed at Spot’s head with his arms around the animal. “I assumed he was afraid the pony was skittish,” said Mr Ewing.

Jim Ewing agreed with defence counsel Patrick O’Sullivan that he was shown the passports for the two ponies and one was marked ‘Spot’. Mrs Ewing told the court that when Spot arrived the pony was ill and had to be treated with antibiotics for a week. She also said that Spot had kicked her.

Defence witness Padraig Howley of Enniscrone, Co Sligo, told the court that he had been keeping Spot there since 2014. He described Spot as “a very quiet pony” who had been ridden by his eight-year-old grandchildren and many other small children. “At one stage, two kids got up on him,” he told the court.