Case against publican dismissed
JUDGE RULES PUBLICAN HAD LAWFULLY REMOVED PATRON FROM PREMISES AND HE HAD USED REASONABLE FORCE
A man who claimed he was assaulted by a publican as he was being removed from a hotel in Ballymote has lost a claim for damages at the Circuit Court in Sligo.
The case taken by Kyle Donovan of Bearla, Rathmullen, Ballymote arising out of an incident at the Coach House Hotel, Ballymote on May 5 th 2012 was dismissed by Judge Doirbhile Flanagan with costs.
Mr Donovan had brought his claim against Marie Perry, Carrownanty as owner of the premises and John Donaghy, 2 Wolfe Tone Street, Ballymote as the licensee.
The plaintiff, who was represented by Mr Peter Daly BL instructed by Mullaney Solicitors claimed he was left with cuts to his head, lip and right little finger following the incident at the hotel when he was asked to leave having previously been barred from the premises.
Mr Donovan claimed he was pinned against the frame of a door by Mr Donaghy, punched to the face, thrown to the ground and also stamped upon.
However, giving judgement, Judge Flanagan said the plaintiff, whom the court heard had a large number of previous convictions, had consumed a large quantity of alcohol on the occasion.
Notwithstanding his long list of previous convictions which had been produced by Garda Kelly who had arrived on the scene that night, Mr Donovan was entitled to seek redress in civil cases.
The Judge said however: “He was convicted of offences while under the influence of alcohol and for the possession of drugs in or around this period of time and in light of this offending and that he was intoxicated on the day I cannot resolve the conflict in his favour of what had occurred on the day,” she said.
The Judge said that she was satisfied that the defendant had used reasonable force to lawfully removed Mr Donovan from the premises.
She added that it was clear that the plaintiff suffered injuries but he hadn’t established that these had been caused by the defendant on the premises.
The court heard that Mr Donovan had previously been barred from the hotel having got sick there.
On seeing him on the premises a bar worker went to Mr Donaghy to check if this was the case. Mr Donaghy then approached the plaintiff int he bar and asked him to go tot he reception area.
There was a dispute over where the incident took place but Mr Donaghy said it had taken place in reception and not the bar.
It was stated that Mr Donovan was drunk and was slurring his words. It was claimed that he called Mr Donaghy names and tried to headbutt him.
Mr Donaghy grabbed him by the arm and tried to get him to the door. The plaintiff allegedly struck the defendant in the head and it was then Mr Donovan was put in a bear hug. Both men fell to the ground and a bouncer, Kieran Lynch, picked them both up with Mr Donovan bringing him to the front door and leaving him outside.
Gardaí subsequently arrived on the scene. The Judge noted that there was no CCTV footage of the incident as the system had never been switched over to record from the time Mr Donaghy took over the lease the previous eight months.
This was only discovered when the system was looked at in the aftermath of the incident.
Mr Donaghy said there had been no injuries on the plaintiff and he denied that he had punched him in the face.
There was an altercation he said and they both slipped with him landing on the plaintiff as a result. Mr Donaghy did not know how the plaintiff suffered injuries to his lip, finger or jaw while he also denied standing on the plaintiff.
The defendant also stated that there had been no blood on his shirt and that he changed it subsequently because a button was missing.
A member of staff, who wasn;t working on the occasion but was in the bar, Laura Conboy said she saw another bar worker check with Mr Donaghy to see if the plaintiff was barred. She then saw the defendant asking the plaintiff go to the reception area.
She heard a bang like the closing of a door and saw the bouncer picking the two men off the floor. Patricia Cawley, wife of the defendant, who arrived at the hotel after the incident, said she saw the plaintiff shouting and he was very angry.
Judge Flanagan said the hospital records showed the plaintiff had a significant amount of alcohol in his system at 12.30am so she must infer from that it must have been even higher two hours earlier and she accepted he was intoxicated.
Mr Donovan accepted that he was asked to leave and that he had argued this. The Judge said she was satisfied he was an unlawful entrant.
She was also satisfied the incident took place in the reception area and preferred the evidence given by Ms Conboy rather than that of witness for the plaintiff, Declan Underwood. Her evidence was more credible, said the Judge.
Mr Underwood, she noted could not answer simple questions put to him in the witness stand such as how long he had been in the bar or how much drink he had taken. The Judge said she was concluding that he was not a reliable witness.
A stay was put on the order for costs in the event of an appeal.