Ex-Rovers player Jason Hughes is cleared of charge of assault at game
AN EX-SLIGO Rovers player has been cleared of assaulting a Sligo Rovers steward during a hardfought FAI Cup tie for Limerick against his former club in the Showgrounds in 2019.
But, in dismissing the criminal prosecution against 30-year-old Jason Hughes, Singland Villas, Garryowen, Limerick, Judge Kevin Kilrane said that in a civil case the proofs would be entirely different.
Hughes, who was playing for Limerick against his former club, had pleaded not guilty to assaulting James Derwin at an FAI Cup match in the Showgrounds on August 24, 2019.
At the end of a lengthy case, the judge said that a criminal conviction must be beyond reasonable doubt and the case was dismissed.
He added: “In a civil matter the proofs would be definitely different.
“On the balance of probabilities, it may be that Mr Derwin would succeed but that is another day’s work.”
The court heard earlier that the gardai did not interview the defendant as “he was hard to contact.”
It was also told that one of the match’s linesmen witnessed the incident and reported the matter to the referee resulting in Hughes getting a red card. When Judge Kilrane asked where the linesman was, he was told the official was in Jersey.
Before the case began, defence solicitor Gerry McGovern questioned why the accused was never interviewed by the prosecution. He added that he would have thought that there was a legal principle where the defendant’s statement should have been taken into account. Mr McGovern said the defendant who was playing for Limerick and lived in Limerick, should have been interviewed.
And he said he could not fathom why a Section Two prosecution would be issued before the DPP or anybody could give their opinion. The person who is being charged should be given a chance to deny it or whatever.
Mr McGovern said he was saying the case could not proceed when the defendant had not been given a chance to have the option of giving a statement or not.
Inspector Pat Harney admitted that the allegation was not put to Mr Hughes.
“We had difficulty in contacting him and the decision to prosecute was made locally.”
Judge Kilrane said he was going to allow the case to proceed with due regard to what Mr McGovern said. In evidence James Derwin told the court that he got to the Showgrounds early to help the crowd get through the turnstiles. “About five minutes before kick-off I go down to my spot at the ‘Singing End’ as I have been doing for 15 or 16 years.” He added that it was a big cup game and it got “very heated” in the second-half. The witness said he was at the side of the pitch and a ball went past him at speed and went out of play for a Limerick throw-in. He flicked the ball back when he got a bang from one of the players and hit the wall and was injured on his shoulders and his head. He said he remembered a doctor and a member of Civil Defence coming to his aid and an ambulance was called. It had to come a good distance and it came into the Showgrounds. “When I was in the ambulance Mr Hughes came and wagged his finger accusing me of kicking him. I said that was impossible.”
The witness said he could not identify the defendant at the time of the incident. When asked if he could identify Mr Hughes in court the witness said he could see him sitting at the back of the court.
The court was told there was CCTV footage of the match in court but Mr McGovern said it was not a tape of the match and it was not clear.
Inspector Harney said the footage was from security footage from within the stand and it showed the incident, but no individual was identified.
Judge Kevin Kilrane said the ball went out for a Limerick throw and “someone came and hit you and flung you up against the wall.”
The witness said he did not know what part of his body he used.
He added that the defendant was a former Sligo Rovers player, and he knew Hughes “years ago.”
The witness said a security guard was also in the vicinity.
Judge Kilrane told Inspector Harney that “someone crashed into this man”.
The Inspector said the matter came under the heading of “reckless”.
The judge asked the Inspector as to how he could connect the defendant with the alleged injured party with the exception of him accusing the witness of kicking him. The Inspector said there was a witness who did not come forward.
“Who is that witness?” asked Mr McGovern.
The court heard “that witness is not here”.
When asked how he identified the player he repeated that Hughes, whom he knew, came to the ambulance and was wrongly accusing him of kicking him.
The witness said he was two to three feet away from the sideline when he “got the shot.”
When asked if he saw Hughes, the witness said he “saw footage after” and the fact the defendant came into the ambulance was proof of the defendant’s identity.
The witness said there was TV footage after the game and the defendant “tried to apologise to me.” “He got a red card for doing it. He got a straight red card.
The witness was sent to Sligo University Hospital for an MRI scan.
He had a tear on his shoulder.
The witness agreed under cross-examination from Mr McGovern that he was a “life- long supporter” of Sligo Rovers, had been a steward for 16 years and got on well with the supporters.
He agreed that he was facing the fans in the stand. Mr McGovern said it was not the witness’s role in getting the ball back in play, it had nothing to do with him.
The witness said the ball came back to him and he flicked it to where he thought the throw-in should be
And there was a linesman there as well. “Where is the linesman?” asked Judge Kevin Kilrane.
“He is not here today,” the court was told. Mr McGovern said the defendant had ran over off the field and wanted to pick up the ball when the witness came in contact with him.
“Where was the linesman?” asked Mr McGovern. “He was behind me and saw what happened and he called the ref and had a chat with the ref,” said Mr Derwin. Mr McGovern said the witness had exceeded his role and got involved with the player and “collided” with him.
“No, that’s not what happened,” said the witness. Mr McGovern then asked if the defendant had any grudge against the witness, Mr Derwin.
The witness said that he knew the player and there was no animosity. “I was a steward, and I don’t know why he did it.”
Judge Kilrane said Mr Derwin was a very honest and sincere witness who believed he was assaulted by the defendant.
“But in a criminal case I have to satisfy myself beyond reasonable doubt.” “Either Jason Hughes assaulted the witness in the way described or he was so set on getting the ball and he acted in a rough manner and in the process charged into Mr Derwin causing him injury.”
“But before we get to that point, there are some gaps in the prosecution case. “Was it Jason Hughes that crashed into the witness who had his back turned?
“So, he did not know but was deducing from sources and that the defendant had come to the ambulance and accused the witness of kicking him.”
“Was that to be treated as an admission?” Mr Derwin may have looked at a video that was scratchy said the judge. The judge noted that the court did not have the assistance of the linesman or referee or any witness. He added that the prosecution at best suggested that Jason Hughes crashed into Mr Derwin in a rough manner to try to get the ball back into play quickly. This was a common sight when teams were behind in a match so maybe Hughes did crash into the back of Mr Derwin.
There was no evidence that Mr Derwin was hit with a fist or any other part of the defendant’s anatomy.
The defendant was a much younger, stronger and fit man so you could imagine the type of force that was in play.
And if he did crash into the steward it was probably not intentional and was at best negligent.
Judge Kilrane dismissed the case but added that if this was a civil case the proofs would be different and that on the balance of probabilities it may be that Mr Derwin may succeed. “But that is another day’s work.”
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