Man (49) told criminal damage charge will be struck out if he pays compensation

A 49-year-old man accused of damaging his then next-door neighbour’s car has been told the charge against him will be struck out if he pays for the repairs.

David A. Byrne, 52 St. Laurence’s Park, Drogheda, pleaded not guilty at the district court to criminal damage of a Seat Ibiza belonging to Luke Haggins, who lived at No. 51 at the time of this alleged offence on 25 March, 2017.

A garda who investigated said she understood there is ‘ bad blood’ between the parties and Mr Haggins told Judge Coughlan his neighbour is ‘partially’ the reason he had since moved away.

Luke Haggins gave evidence that at 10am he was leaving to go to a funeral when he saw the windscreen of his 2005 reg. car had been smashed.

There was also damage to the roof and bonnet. It cost €200 to fix the windscreen and he got a €1,180 estimate for the bodywork which hasn’t been repaired yet.

Emma Darby, who lives directly across the street, said she was awoken by noise at 3.15am.

She looked out and saw David with a rock, smashing Luke’s front car window. He then threw the rock at the bonnet.

Ms Darby continued David walked halfway into Luke’s driveway and was shouting towards the house before going back into his own home.

She is 100% sure it was him. There are street lights.

Defence solicitor Paddy Goodwin put it to Emma Darby that this evidence is markedly different to a statement she made.

However, the judge noted it is substantially the same and he accepted it.

The witness told Mr. Goodwin she messaged Luke on Facebook at the time, rather than ring the guards.

Garda Joanna Maguire, who took statements from the people involved, said she understood there is bad blood between the men over the years.

Mr. Goodwin said his client, who has no previous convictions and co-operated with the investigation, vehemently denies the charge.

Judge Coughlan said he accepted the evidence of Luke Haggins and Emma Darby but added he will strike out the charge against David Byrne if he pays compensation.

Mr. Goodwin suggested his client pay €200 for the windscreen and no more.

However, the judge replied he accepted the accused also damaged the bodywork.

The solicitor was granted an adjournment to 20 July next ‘ to do a deal, if we can’.

Judge Coughlan remarked he is disappointed Mr. Haggins had to move away ‘partially’ because of his neighbour. He warned the defendant if there is no compensation he will go to jail.