Assault after exchange in pub on the weather: ‘‘Tis miserable’ said man; ‘That’s because you’re a miserable c***’ came the reply

TWO men ended up grappling outside an Annascaul pub on New Year’s Eve of 2017 following a curt exchange on the inclement conditions over West Kerry at the time.

“It’s a miserable time of the year,” remarked Peter O’Doherty, 23 Lios na gCraobh, Annascaul, to the other man in Hanafin’s Bar, Main St, Annascaul on the date, only to be met with the response:

“That’s because you’re a miserable c***’.

That was how the injured party in the case replied to Mr O’Doherty according to Mr O’Doherty’s solicitor, Pádraig O’Connell, as he set out the mitigating factors in an assault case that came before Judge David Waters at Dingle District Court on Friday.

The epithet ‘miserable little goblin’ was also aired in the exchange, Mr O’Connell said.

Inspector Michael Fleming told the Court that the assault, to which Mr O’Doherty pleaded guilty, occurred after Mr O’Doherty met the injured party in a pub on the night, only for a discussion to ensue ‘about the date’, leading to the exchange. ‘As a result of [the comments] the accused asked the injured party to take it outside,” Insp Fleming said. Mr O’Doherty punched the injured party, causing him to end up on the ground.

He sustained a ‘graze to the righthand side of the temple’, causing swelling to his eyes and cheek.

The court heard the injured man did not wish to provide a victim impact statement.

Judge Waters asked why the injured party went outside with Mr O’Doherty, with Insp Fleming explaining that he felt it was a ‘verbal altercation that was going to go no further’.

Mr O’Connell said his client did not go out with the expectation of a physical altercation either, but was not disputing what occurred.

Mr O’Connell said the comments were exchanged in Hanafin’s pub, that both men knew each other and that there had been no issues between the pair since. “The injured party called to my client’s house in the company of a local election candidate for Sinn Féin, and there was no issue. My client welcomed them and listened to what they had to say.”

Judge Waters queried the nature of the discussion: “There was some dispute over the time of year?”

It was at that point Mr O’Connell set out the comments, saying his client reacted to them, asking the other to go outside. “There was grappling and they fell to the ground.”

Mr O’Connell’s defence was interrupted by a man interjecting from the public gallery: ‘He’s talking s***e’!

The man was removed from the Court by gardaí at the direction of Judge Waters, who remarked: “Take him out because of his misbehaviour. This speaks volumes for what happened.”

The Judge gave Mr O’Doherty the benefit of the Probation Act, seeing him leave Court without a conviction.