Allegedkickofdogledto assaultchargeonmum

DISTRICT COURT

A 48- year- old mother has had assault charge against her dismissed along with a summons for engaging in abusive behaviour following an altercation at her estate.

It began after the woman saw her dog being allegedly kicked by a man and she remonstrated with him. The man, Dylan McLoughlin, claimed he was punched by the defendant Olive Bree of 35 Rosewood Court, Maugheraboy in an incident which was captured by CCTV from a neighbour’s house and which was shown to the court.

After the prosecution case finished Judge Kevin Kilrane asked Mr Mark Mullaney, solicitor ( defending) if he had any application to make and he said he did.

“I don’t thnik it should go any further,” - Mr Mullaney. “Absolutely” - Judge Kilrane. “There was no assault in this case. She ( defendant) put up her fist in a reprimanding fashion and passes Mr McLoughlin and words were exchanged which I’m sure weren’t pleasant and one gave as much as the other. A punch did not happen,” said Judge Kilrane adding that Mr McLoughlin didn’t seem much in shock after the incident.

The Judge dimissed both charges against Ms Bree.

Inspector Sweeney had outlined how at 10.25pm on March 13th Dylan McLoughlin was returning two chairs from number 33 to 32 at Rosewood Court after a party for his partner’ Leanne Folan’s child. His dog followed him out down the driveway and Ms Bree’s dog came along and he feared it would attack his own so he drew out a kick to scare this dog away. The defendant saw this and was under the impression the dog had been kicked but it hadn’t.

Garda T J Gallagher gave evidence of investigating the incideent and said there had been a visible cut to Mr McLoughlin’s lower lip. Mr McLoughlin said he had kicked the ground to get Ms Bree’s dog away and it ran off. She came along and punched him in the face and he told her not to put her hands on him and called her a tramp. He denied ever threatening Ms Bree.

It was put to the witness by Mr MUllaney that no punch could be seen to be thrown by Ms Bree on the CCTV footage. “She did thump me,” he said. Judge Kilrane noted that Mr McLoughlin hadn’t put his hand to his face after he was allegedly struck.

“When you go into shock you don’t realise,” replied witness.

Mr Mullaney wondered why his client had been the only one prosecuted. The defednant’s statement was read to the court in which she said she was exercising her dog on the green area when Dylan McLoughlin came out and the dogs ran up to each other. For no reason Mr McLoughlin kicked her dog leaving it crying in pain.

She approached Mr McLoughlin about it and he told her to “f ***- off ” and that he’d burn her out.

Annette Feeney, whose granddaughter was having the party earlier in the day, said she had asked Mr McLoughlin to return charis. She didn’t think Ms Bree had connected with Mr McLoughlin but she saw the blood on his face. Witness felt Ms Bree was goading Mr McLoughlin into doing something and she told him not to rise to the bait.