Got a belt in the ear in smoking area of pub

A man claimed he got a punch to the ear when he was in the smoking area of a Ballymote pub.

Before the court arising out of an incident at the Corner House on August 7 th 2016, Earl Flynn (23) of Bearlough, Rathmullen was summoned for assaulting Liam Kenny.

Mr Kenny told the court he was in the pub with his wife Alison having called in on his way home at about 1.20am.

He had been there for about ten minutes when he went to the smoking area, meeting Flynn who was on his way out. He had also met the defendant’s girlfriend, Chloe who was a sister of his wife.

Flynn used threatening language towards him and asked him why he had stuck two fingers up at him and he had denied he had done this.

Witness said he then received a slap across the face from the defendant. Mr Kenny said he then defended himself before going back and finishing his drink and then heading home.

Mr Kenny said the punch to his ear caused it to swell.

In reply to Mr Gerard McGovern, solicitor (defending), witness agreed that he did not like Flynn but that he never had any dealings with him until he hit him in the ear. He didn’t like him as he had hit him.

It was put to witness by Mr McGovern that he had asked the defendant if he had a problem with him and that Flynn had replied that he didn’t even know him. Witness denied this.

It was also put to witness that he had said to the defendant: “You’ ll have a problem so if you don’t go away cancer head.”

“That never happened,” said Mr Kenny. He also denied that the defendant had “never laid a finger on you.”

In reply to Judge Kevin Kilrane, Mr Kenny said that after he was hit in the ear there was fisticuffs with the defendant.

“I definitely hit him after he hit me first,” he said.

Detective Garda Tom Tully told the court that Liam Kenny called to Ballymote Garda Station at 11am on Sunday August 7 th and complained he had been assaulted the previous night at the Corner House.

Witness said there was noticeable swelling to Mr Kenny’s left ear. Flynn denied in evidence that he had assaulted Mr Kenny.

Asked could be explain how Mr Kenny got his injuries, the defendant agreed there had been an argument in the smoking area.

Judge Kilrane said he was accepting the evidence of Mr Kenny.

Mr McGovern stated that he told his client that he would convicted on the basis of the statements, a doctor’s report and the evidence of the Garda but he would not take his advices on board and took another course and was not for turning.

Judge Kilrane said it wasn’t a major assault and it was a pity the defendant didn’t take on board the advice of his solicitor and if he had he might have dealt with the matter in another way short of a conviction.

The Judge added that he wasn’t particularly impressed by the victim either and his feeling or approach to the defendant.

He fined Flynn €200.