Case dismissed as witness refuses to answer questions

AN assault case was dismissed because the witness was not answering questions.

Gedemiinas Jasionas (46), Rustyduff, Knockanarrigan, Donard, appeared before Bray District Court on Thursday, February 23, accused of assault causing harm and production of an article in the course of a dispute at Wellfield, Kilcoole, on May 29, 2015.

Patrick Byrne told the court that he has a property there which was leased through an estate agent. He said there was an ongoing problem with the tenant and that the tenant had been given final notice.

‘I went down at 5.30 a.m. to see was there any movement. A man at the top window opened the window and started abusing me. He said he wasn’t moving out of the house. I said: “I want you out by 5 this evening and that’s it.”

Mr Byrne said he was getting into his car when he was attacked in the car with a ‘jimmy bar’.

‘He swung the bar and caught me on the arm and damaged the side of the car. I eventually got the bar and threw it into the garden,’ said Mr Byrne.

‘He had a lot of drink on him. He said it was his house and he wasn’t moving out. I reported what happened at Greystones Garda Station and then went to the doctor. My arm was badly bruised.’

Under cross-examination, solicitor Brendan Maloney put it to Mr Byrne that he was ‘questioned under caution regarding an accusation made against you.’

‘I don’t know what you’re talking about... if it’s there I must have been,’ Mr Byrne said.

‘Did you call him a f ***ing foreigner?’ asked Mr Maloney. ‘I probably did,’ said the witness. ‘I’ve no problem calling him that.

‘Did you make threatening hand gestures across your neck?’ asked Mr Maloney. Mr Byrne said he did.

Mr Maloney said that it was later that evening that Mr Byrne went to the garda station, rather than straight after the incident, and that he went to the doctor on June 2.

He said that Mr Byrne never got a court order to evict Mr Jasionas. Mr Byrne said that Mr Jasionas had not paid rent in two years and that every avenue with the Private Residential Tenancies Board (PRTB) had been exhausted.

A letter from the letting agent from 2014 was read to the court, stating that parties had previously attended a hearing at the PRTB office. The determination was that €9,888 in rent arrears and €300 compensation were to be paid as well as continuing rent of €1,050 per month. The letter said that the tenant failed to carry this out and had accumulated a further €5,250 in arrears.

The letter said: ‘Please note that the landlord has instructed that unless this is paid by 5 p.m. on May 29, 2015, the intent of the landlord is to take possession with immediate effect.’

‘You were there at 5.30 a.m. with two dogs,’ said Mr Maloney. ‘Do you expect the court to believe you innocently went down at 5.30 in the morning to a family home, with two dogs and an innocent explanation?’

Mr Maloney said that it was a family home with two teenage girls.

‘You were looking in the window, the letterbox and your deadline had not passed,’ he said. ‘ That letter is not a valid notice to quit.’

Mr Byrne said that there were no teenage girls in the house that morning.

‘A neighbour said they were on holidays. They were given letters and proper notice to move out,’ he said. ‘I just went down to see if they were making any attempt to move out. I certainly wasn’t expecting him to come out with a bar.’

Mr Maloney said that Mr Byrne came back at 5 p.m. that evening, ‘mob handed.’

‘I brought my brother and my brother-in-law,’ said Mr Byrne. ‘I wasn’t going to go on my own anyway to get attacked again.

‘What did you do?’ said Mr Maloney. ‘I can’t remember.’

‘You can’t remember changing the locks?’ asked Mr Maloney. Mr Byrne said he didn’t.

‘I’m dismissing this case,’ said Judge David Kennedy. ‘If you’re not going to answer questions, I’m dismissing the case.’