Man fined €250 for as­sault out­side pub


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AN ARK­LOW man who jumped on a man from be­hind and grabbed him in a throat hold was fined €250 at last Wed­nes­day’s sit­ting of Ark­low District Court.

Michael En­right, Bal­ly­money, Ark­low was charged with as­sault­ing Jeremy Earls and en­gag­ing in threat­en­ing, abu­sive and in­sult­ing be­hav­iour at Con­dron’s Land, Ark­low on De­cem­ber 10, 2007.

Mr. Earls said he had been in Sally O’Brien’s from about 9 p.m. on De­cem­ber 9. Mr. Earls said he no­ticed En­right in the bar say­ing there was a bit of his­tory ‘from a while back’.

Mr. Earls said En­right then asked him out­side and that he told En­right to ‘f*** off or what­ever. I didn’t want any trou­ble and I cleared off to the other side of the bar.’

When Earls left the pub to go home En­right came af­ter him and ‘jumped up on my back and grabbed my throat. We had a scuf­fle,’ said Mr. Earls.

He went back into the pub and as he was go­ing in En­right was still shout­ing at him. He told Su­perin- ten­dant Pat Ward that in the course of the scuf­fle ‘we fell; there was a cou­ple of digs here and there. I had a few marks and bruises where I fell.’

Un­der cross ex­am­i­na­tion from Mr. Peart Mr. Earls de­nied he was the ag­gres­sor and Mr. Peart said En­right was ‘very sav­agely and bru­tally beaten’ dur­ing which some of his teeth were bro­ken and he lost con­scious­ness.

Mr Earls de­nied caus­ing th­ese in­juries say­ing ‘Michael En­right is a very ag­gres­sive man and th­ese could have taken place af­ter­wards’.

Mr. Earls said he had not re­ported the in­ci­dent to the Gar­dai as ‘I didn’t think it was much. It was a small in­ci­dent’.

Kevin McCar­ron also gave sim­i­lar ev­i­dence say­ing he was out­side hav­ing a cig­a­rette and saw Mr. Earls leav­ing. He then saw a man, whom he now knows as En­right, ‘come fly­ing out and jump on his back. There was a scuf­fle and the bouncer came out and brought Jeremy back in.’

He said when Mr. Earls was go­ing back into the pub ‘En­right was shout­ing come back you scum­bag’.

Garda Mar­ion Galvin said on the night in ques­tion En­right had called to Ark­low Garda Sta­tion in an ‘ag­i­tated’ state say­ing he had been as­saulted. She told him to re­turn the fol­low­ing night be­cause she couldn’t take his state­ment as he had drink taken. Over the course of the next few months she said she had made sev­eral ap­point­ments to meet En­right but he failed to keep them.

In his cau­tioned state­ment En­right al­leged Mr. Earls had punched him in the left jaw and his left foot went from un­der him. ‘I hit my head and I was knocked out.’

En­right said he went to Care­doc and Lough­lin­stown Hospi­tal on the night. In the state­ment he de­nied as­sault­ing Mr. Earls.

In his own ev­i­dence En­right de­nied call­ing Mr. Earls names and gave ev­i­dence sim­i­lar to his state­ment. He de­nied go­ing to the garda sta­tion on the night. En­right de­nied be­ing the ag­gres­sor on the night.

Mr. Peart then said there was ‘a humdinger of a doubt in the case’ say­ing Mr. Earls had re­ceived vir­tu­ally no in­juries while En­right had re­ceived sub­stan­tial in­juries. ‘There is no one wit­ness that agrees with an­other.

There is such a con­flict on ev­i­dence that there is a huge doubt’, he said.

Judge Con­nel­lan said Mr. Earls had said the as­sault was not ‘very much by his stan­dardsÉ.Mr. McCar­ron didn’t make much of it and both men have said Mr. En­right was stand­ing up shout­ing af­ter the event.

‘Mr. En­right had a very dif­fer­ent ver­sion say­ing it was all very peace­ful and then for some rea­son Mr. Earls asked him out­side. I am afraid I don’t ac­cept that and I don’t ac­cept his ver­sion of what took place.’

The court heard En­right had three pre­vi­ous con­vic­tions and Judge Con­nel­lan fined him €250 for the as­sault and marked the other mat­ter proven and taken into ac­count.

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