Row spilled onto street after starting in takeaway

A row broke out between two men ordering food in a Collooney take-away and spilled onto the street outside with one being punched to the ground. INSPECTOR Donal Sweeney told Sligo District Court that the injured party Justin Cregg called to the garda station in Collooney a few days later saying he was assaulted the previous Sunday night outside the Superfast take away.

HE had extensive facial injuries, Garda Kelleher who spoke with him noted. The garda then obtained CCTV from the incident on May 22nd 2016 which captured everything that happened.

The defendant William Gallagher was seen speaking to Mr Cregg in the takeaway where a fight began and then continued outside where the defendant was seen striking Mr Cregg who fell to the ground and the defendant was seen putting him into the recovery position.

The defendant (39) with an address of Main Street, Collooney, had no previous convictions.

Mr Gerard McGovern solicitor (defending) said both parties had been out in separate premises earlier and some alcohol had been consumed.

He said his client was waiting on his food when Mr Cregg came in and started taking photos of the staff on his camera phone. He said Gallagher commented that he shouldn’t be taking pictures and pushed him in the chest and walked out and Mr Cregg followed. A tussle ensued and Mr McGovern said that the injured party had the better of his client and had him around the neck before the fight then stopped.

“Another person is then seen crossing the road, the victim turns his head and unfortunately my client draws a punch and he falls to the ground.”

He said the defendant went back to the victim and put him in the recovery position before another person came to take him away.

Mr McGovern said it should not have happened and both men were moving on in years in their late ‘30s and early ‘40s and both have families.

Judge Kevin Kilrane said that from the victim’s point of view there was alcohol on board as the complaint was received on the 25 th of May that he said he believed he had been assaulted on the 22nd. He said the problem with single punch assaults is that young men are very powerful and serious damage can be caused by a person falling.

He said the defendant didn’t appear entirely to blame for initiating it as the victim was behaving strangely and the defendant sought to reprimand how he was behaving. It started with pushing and shoving and the end result was the victim received a punch.

“The victim for whatever reason is not here and there is no victim impact statement.” He took into consideration Gallagher’s no previous convictions and guilty plea, saying he was not entirely at fault and fined him €300.