Man fined €250 for assault outside pub
DISTRICT COURT VICTIM SAYS MAN JUMPED ON HIS BACK
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.