Convicted of affray despite having front teeth knocked out

A FIGHT that spilled out onto Main Street in Cahersiveen from the Harp Nightclub, during which a man received “an unmerciful beating”, resulted in the same man getting a conviction for his involvement in the incident.

The court heard this was the third time that Patrick Moran of Teermoyle, Kells, had been before the court for similar offences.

In evidence, the court heard that CCTV footage showed Mr Moran and another man, Ryan O’Sullivan, arguing inside the nightclub and then moving towards the exit.

Both men pushed and shoved each other on the way out the door and Mr Moran hit the floor on one occasion.

Two others became involved in the fight and both Mr O’Sullivan and Mr Moran “landed blows” on each other.

The row spilled out onto the street where Mr Moran was seen lying on the ground. The court heard that Mr Moran had his front teeth knocked out and 10 stitches as a result of the fight.

Two others were also arrested for their involvement in the fight and a file was sent to the DPP who directed that Mr Moran be charged with affray – using or threatening to use unlawful violence towards another in such a way that their conduct would put a person in fear.

Another man involved had a charge of assault causing harm withdrawn and another person was dealt with under the Juvenile Liaison Scheme as he was only 17 years of age.

Solicitor Paul O’Donoghue argued that this was not an incident of affray as no-one was in fear during the row. Judge David Waters replied that it was not the case that someone had to be in fear, rather that there was the use of violence that would cause fear.

He added that taking a “row out onto the street and punching the daylights out of each other” is affray and that it was irrelevant who got the better of each other in the row as it was the behaviour that they were involved in.

Mr O’Donoghue also claimed that the State did not furnish their best evidence but Judge Waters said that this does not apply in this case.

The court heard that Mr Moran was given the benefit of the Probation Act on two previous occasions for public order offences.

His solicitor said that the 28-year old had got “an unmerciful beating” in this incident and said that he wouldn’t be in court only that he had complained himself.

Judge Waters convicted and fined him €400 for the offence.

Judge Waters said that Mr Moran must “mind himself ” as this is his third offence and he will be in jeopardy if he appears again.