Bad blood between neighbours in Moygownagh resulted in an assault taking place on the dancefloor of a wedding
BAD blood between neighbours in Moygownagh resulted in an assault taking place on the dance floor of a wedding when a man was kicked in the face.
Patrick Clifford (55) of Moygownagh, Ballina was convicted of section two assault on his neighbour Seamus Murphy at last week’s special sitting of Belmullet District Court.
The assault occurred at approximately 12.30am in the Broadhaven Bay Hotel in Belmullet on May 4, 2014 when Mr Clifford was accused of running 20 feet across the dance floor to kick Mr Murphy who was sitting in his chair.
The court heard the two men did not like each other and there was conflicting evidence told in court of what occurred on the night. Inspector Tom Calvey said that a number of people had declined to make statements and some of the CCTV cameras in the function room were not working and did not cover the incident.
Mr Clifford, a single man, admitted striking his neighbour but claimed it was in self defence as he thought Mr Murphy was attempting to grab his ‘private parts’ while he was dancing.
Mr Murphy had been accused of ‘acting the maggot’ during the wedding and of exaggerating his injuries on the night. The defence claimed his version of events was a fabrication while Mr Murphy said suggestions he was acting the maggot was ‘a load of bull’.
In his evidence, Mr Murphy said his was sitting at a table near the dancefloor and was watching the band facing the dance floor. He said hardly anyone was on the dance floor when Mr Clifford ran 20 feet towards him and lifted his leg and kicked him in the nose and knocked him off his chair.
‘Pumping blood’
He claimed he was pumping blood and Mr Clifford continued to kick him on the floor and punch him. He added he was lying on the floor and had to be stretchered out of the hotel and brought to hospital in an ambulance.
Michael Bohan, solicitor for Mr Clifford accused Mr Murphy of ‘faking injury’ and of being told to lie down on the floor by his wife, Helen.
Only one independent witness gave a statement saying Mr Murphy was struck by Mr Clifford and Mr Bohan claimed this was because he was not liked and people ‘know your form’.
Mr Murphy denied this and claimed that those supporting Mr Clifford were trying to interfere with his late father’s estate and were trying to ‘grab what they can’. He referred to them in court as the Moygownagh Land Grabbers Association or MLGA.
In Mr Clifford’s version of events, he said he was dancing and every time he came towards where Mr Murphy was, he would get off his chair and stare at him ‘with his two eyes bulging in his face like a wild animal’.
On the third occasion he came near him, he claimed Mr Murphy lunged forward in his seat with his hand and felt he was going to grab his private parts. “I lifted my leg to protect myself. I hit him with the slight tip of my shoe. Like a dog coming out of a side shed, he came at me with his hand and I had to do something to protect myself,” he said.
He denied kicking or punching him and said Mr Murphy’s version of events were untrue and a concoction of what happened.
Evidence was also given Mr SeΡn Lynott who was sitting at Mr Murphy’s table and said he saw Mr Cassidy raise his foot and hit Mr Murphy in the face. He said he was friendly with both of the men but felt it was his civic duty to report what he saw.
John Bleheen, a friend of Mr Clifford said they were enjoying the wedding and the incident was a kneejerk reaction to Mr Murphy trying to grab his private parts. He said the incident was not serious as the band kept playing. Mr Bleheen also added he does not ‘give a shit about land’ and has no interest in Mr Murphy’s land.
In his judgement, Judge Alan Mitchell said he had to ask whether the use of force by Mr Cassidy was reasonable and found it was not and convicted him. Mr Bohan said he was surprised at the decision and asked Judge Mitchell to be as lenient as possible as his client had no previous convictions.
Judge Mitchell said he would adjourn sentencing for a year and if Mr Cassidy did not come to garda attention he would consider striking out the charge or apply the probation act.
In relation to the split in the community, Judge Mitchell warned them not to think that the conviction was some sort of victory or a defeat. If they do take that view, he said they could find themselves in breach of the peace or worse and find little sympathy from a judge.
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