Young man acquitted of assault with mallet

A 25-YEAR-OLD Wexford town man was acquitted on a charge of assault when his trial came before Wexford Circuit Criminal Court. John Roche, of 41 Liam Mellows Park, Wexford, had pleaded not guilty to assaulting Thomas Byrne on April 10, 2017, at School Street, Wexford.

The jury was told by Prosecuting Counsel, Sinead Gleeson, that the defendant was alleged to have attacked Mr. Byrne with a mallet causing him harm.

In his evidence, Thomas Byrne said that on the day he had phoned John Roche but his girlfriend answered the phone and told him not to be ringing him.

After that phone call he was in School Street, on his way towards John Roche’s house, when the defendant came up on a bicycle.

‘I asked about the few pounds that he owed me.

‘John Roche dropped the bicycle, ran towards his house, and picked up a mallet. At the time I believed he was going into the house for the money so I picked up his bicycle but he came back out, swinging the mallet, hitting me on the hands and body.

He said that the whole incident happened very quickly.

‘I received blows on the wrist and hands. I went to Wexford General Hospital for a broken bone in my hand.’

Replying to Defence Counsel, Jonathan Fletcher, (instructed by Timothy Cummings, Solicitor), Mr. Byrne said he was originally from Aughrim in county Wicklow but now living in Wexford town.

He said the defendant’s girlfriend handed him the mallet by the door.

Regarding the money owed, Mr. Byrne said he had loaned the defendant some money in the bookies, and that he was owed €20 to €25.

Mr. Fletcher suggested to Mr. Byrne that when John Roche arrive back at the house his girlfriend was there and in a frightened state, but he disagreed with that.

He also denied that the money was owed for ‘weed’.

Sergt. Brian Moore in evidence said he was standing outside the nearby Garda station when he heard shouting.

He said that he and Det. Garda Matt Kelly went to find out what was happening and came across the scene.

He informed those present their behaviour was unacceptable but they were very aggressive. The injured party claimed he had been hit by a hammer which was on the ground. He told them to leave the scene.

Det. Garda Matt Kelly said that h,aving arrived at the scene his reaction was to tell those present to calm down. He said he was told that the altercation was over a small sum of money owed in relation to a drugs debt.

He removed the mallot from the scene.

Following two hours of deliberations, the jury brought back a unanimous not guilty verdict.