Culfadda man, 21, who attacked friend will give €300 to charity
A YOUNG Culfadda man who was found guilty of assaulting his former best friend had his case struck out at the district court when he came up with €300 for charity.
Judge Kevin Kilrane told Liam O’Shaughnessy, 21, from Listhrush, Culfadda, that if he came up with €300 for Sligo Cancer Support Centre on Wine Street, Sligo, he would leave him without a conviction.
The defendant had pleaded not guilty to assaulting Colin Dwyer at Listrush, Culfadda, on April 17 last year.
He had no previous convictions. Colin Dwyer said he was doing agricultural contracting with a tractor at the farm of Paul McCormack, the uncle of the defendant.
Dwyer told the court the defendant, who was also working, approached him, and said that he knew what the witness had said to the defendant’s girlfriend.
The defendant said he “would need eyes in the back of my head”, the court heard.
He asked Dwyer to get down from the tractor.
Dwyer said that when he did, the defendant hit him in the face and he fell to the ground and the defendant also hit him in the back of the head.
The defendant said to him: “Get up, you c***.”
Dwyer said he pushed the defendant away with his foot and then his workmates arrived.
The defendant denied under cross-examination from defence solicitor Gerry McGovern that he had been taking photos of the defendant on his mobile phone just before the alleged incident
Dwyer also denied contacting the now ex-girlfriend of the defendant, saying: “She contacted me.”
He said that he did tell her “what I knew about him” – him being the defendant.
The witness denied “bad-mouthing” his friend.
Mr McGovern said when Dwyer was asked why he had been texting the defendant’s girlfriend, the impression the defendant got was that the witness was “being smart”.
The solicitor said the defendant went to walk away and Dwyer got down off the tractor.
He said he got down off the tractor because the defendant told him to. Mr McGovern said his client would say that it was Dwyer who pushed him first.
Dwyer said he was knocked to the ground, and he put his boot in the belly of the defendant to get him away. Mr McGovern said both men were grappling on the ground, and both were bloody.
Sergeant Keane told the court he got a call from the victim’s mother claiming he had been assaulted on the date in question.
Colin Dwyer did not make a statement that night. He thought about it and gave a statement the following day.
Liam O’Shaughnessy gave a cautioned statement on May 3. He said he had been cutting timber with his uncle in the yard where the tractor was located.
The defendant said he approached Colin Dwyer and asked him to knock off the tractor. He asked the latter why he had been sending texts to “my woman”.
Colin Dwyer replied: “You should know.”
The defendant said he thought Dwyer was being smart so he “told him to f*** off” and he walked away. The defendant said Colin Dwyer came down from the tractor and pushed him.
The defendant grabbed Dwyer by the shoulder and ended up on the ground with him.
He was wrestling around trying to get on top of Dwyer but he never struck him.
Mr McGovern suggested to Sergeant Keane that the defendant had told him that Dwyer had told his ex-girlfriend that the defendant had been unfaithful to her. The sergeant agreed with this assertion.
The solicitor said the defendant was not giving evidence.
Both young men had previously been good friends, said Mr McGovern. Judge Kevin Kilrane said that Dwyer had made some allegations to the defendant’s girlfriend that did not please her and were not very nice for her to hear.
The judge said he was satisfied that the defendant went to the tractor to confront Dwyer about what he had said to his girlfriend.
He was angry and told Dwyer to come down from the tractor.
The blood was up with the defendant, and he did strike Dwyer and the parties were wresting on the ground and he then got up and went off.
The defendant made no complaint to the gardaí.
The judge said Colin Dwyer seemed happy to leave things. It was a row between two men over a girl. It appeared that his mother was more concerned about the matter and she contacted the gardaí, who called around.
The injured party was still not sure about making a statement and, according to the judge, “that speaks volumes about the entire matter”.
Mr Dwyer may have regretted what he said to the girl, which caused his former friend to get annoyed.
The judge said he was satisfied that the version of events given by Dwyer is correct and some of the version given by O’Shaughnessy is correct
The judge said the facts were proved. The defendant had no previous convictions.
Mr McGovern said the parties had been best friends with similar interests. He said there had been no serious injury to either party.
It was the mother of Colin Dwyer who had reported the matter to gardaí and it might have been better if they had just shaken hands on the matter. In making his ruling, Judge Kilrane said a friendship had been broken up between the parties and what was said can’t be unsaid.
The defendant was 22, had no previous convictions and was a hard-working young man He had not given evidence, something that was to his credit and integrity.
The judge ruled as stated.