Narrative verdict recorded at inquest of man punched outside Mayo pub

The family of a man who was killed after receiving a punch outside a Westport pub say his memory will live forever and he will always have a place at their table.

The inquest into the death of Peter McDermott, late of Marino Lodge, Murrisk, Westport took place in Ballina Court House where the Coroner for Mayo, Dr Eleanor Fitzgerald recorded a narrative verdict.

The 60-year-old Leitrim native died in Mayo University Hospital on September 10, 2023 after suffering a traumatic head injury outside the Clock Tavern in Westport in the early hours of September 9, 2023.

Mr McDermott suffered the head injury after falling back onto the concrete after receiving a punch to the jaw by Vincent 'Jimmy' Connolly, who at the time worked as a bar manager in Heweston's Bar in Westport.

Twenty-two members of the McDermott family including his widow Lorraine and daughter Croía attended the inquest in Ballina on Thursday.

Mr Damien Tansey, senior counsel for the McDermott family said the family had been bystanders in the criminal process but the inquest allowed them the opportunity to vindicate his memory.

Mr Tansey described Mr McDermott as a 'classical successful Irish man' who went to London to make a living before returning to Ireland where he bought a property in Murrisk and provided a good life for his wife and daughter.

“Peter McDermott will be missed and will live forever in the memories of his family, his wife and daughter and he will always have a place at their table. We will leave this court today satisfied that his account and his version of events was presented.

“Up until today their feelings about their loved ones were never dealt with. They were bystanders and simply looking on but today they had an opportunity to test the evidence and put Peter's account before the court and vindicate his memory,” Mr Tansey said.

Self defence

The incident between Mr McDermott and Mr Connolly took place outside the Clock Tavern on High Street in Westport on September 9, 2023.

Mr Connolly, a native of Castleplunkett, Co Roscommon was later charged with the manslaughter of Mr McDermott but was acquitted by a jury following a trial in Castlebar Circuit Criminal Court last July. Mr Connolly admitted throwing the punch but claimed it was in self defence after Mr McDermott had knocked him to the ground outside the pub for no reason.

Mr Connolly was not present to give evidence at the inquest but Michael Mulroy told the inquest that he was with him as they left the Clock Tavern on High Street at around 1.20am to go to Heneghan's Late Bar on Bridge Street.

Mr Mulroy said they had just left the pub when they saw a man who 'took off in a charge' towards Mr Connolly and lunged at him with his fist and elbow and knocked him to the ground. Mr Mulroy told the inquest that this was done with intent and it was not an accident.

He told the inquest that when the two men got up he claimed that Mr McDermott, who he did not know at the time, squared up to Mr Connolly with his fists. He said it was not in Mr Connolly's nature to fight but he hit the man 'with one slap' on his jaw in self defence.

A number of witnesses told the inquest that they heard a bang when Mr McDermott's head hit the ground and he was unconscious and blood was coming from the back of his head. Bystanders assisted him by performing CPR until the ambulance personnel arrived at 2am and brought Mr McDermott to Mayo University Hospital.

When cross-examined by Mr Tansey, Mr Mulroy accepted that Mr Connolly punched Mr McDermott with a closed fist but denied the suggestion that by throwing the punch, Mr Connolly was responsible for what happened to Mr McDermott.

“No, he was attacked first, it was in self defence. It was a reaction to being attacked by a stranger,” Mr Mulroy said.

He also flatly denied a suggestion by Mr Tansey that Mr McDermott staggered into Mr Connolly because he was drunk and he had not charged at him.

“There was no stagger there...I saw what happened,” he said.

“He charged with intent to cause harm. He was raging. I am lucky it was not me. I might not be here today. He wanted to hurt someone. He was looking for a fight...and picked on Jimmy,” he said.

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The exchanges between Mr Tansey and Mr Mulroy became tense at times during the cross examination with Mr Tansey claiming there was no evidence from witnesses or from the CCTV footage to suggest that Mr McDermott squared up to Mr Connolly.

Mr Mulroy claimed the line of questioning 'was very intimidating', a suggestion denied by Mr Tansey.

Mr Tansey claimed that Mr Connolly was the aggressor but Mr Mulroy said that there was no intention to hurt Mr McDermott that night.

“There were no winners in this. I am a victim, Mr McDermott is a victim, Jimmy is a victim, the family are victims, we are all victims. There are no winners in this case.

“He hit Jimmy with intent. It could have been me...I could have landed on my back and might not be here today, Jimmy might not be here today. It was an accident and nothing else. There are no winners in this,” he added.

Good form

Evidence was also given during the inquest of how Mr McDermott got a taxi into Westport at around 9.20pm and visited the Old Grainstore pub on Bridge Street before going into JJ O'Malley's.

Noel McManamon said he was in Mr McDermott’s company for an hour in JJ O’Malley’s and  described him as being in good form and there was no suggestion that he was aggressive.

Michael Heneghan explained that he was working on the door at Heneghan's Late Bar when Mr McDermott approached to go in at around 12.20am. He refused entry to Mr McDermott around midnight as he felt he was too intoxicated.

He claimed that Mr McDermott told him he was a 'gentle giant' and would be no problem to them but added he took this to be said in a menacing manner.

Mr Heneghan said that Mr McDermott arrived around an hour later and claimed that he 'tried to go through me to enter' but was refused entry. He claimed that the situation was escalating towards violence and that Mr McDermott threatened him and was verbally abusive.

Mr Heneghan told the inquest that but for a bystander standing between Mr McDermott and himself there would have been a 'physical conflict'.

CCTV footage from outside the bar was shown and Mr Tansey said there was no suggestion from the footage that Mr McDermott was acting in an aggressive manner.

Ruth O'Brien gave evidence that she had been staying in Westport to attend a family reunion and was walking with her son from the Cobbler Bar in the direction of Cosy Joe's late bar on Bridge Street.

She said that when crossing the road she met a well dressed and respectable looking man who seemed upset, agitated and argumentative.

Ms O'Brien said the man was saying he was hungry and looking for food so she directed him in the direction of the Clock Tavern which she said was the only place with people around.

She said the man claimed he had been abused and was upset and asked them for a hug. She said both she and her son gave him a hug before he ran off in the direction of the Clock Tavern.

Post Mortem

Professor Linda Mulligan, Chief State Pathologist who performed the post mortem on Mr McDermott told the trial that Mr McDermott suffered a fracture to the base of his skull and determined the cause of death was due to a traumatic head injury caused by a propelled fall and there were no contributing factors.

Blood tests showed that the level of alcohol in Mr McDermott's system was the equivalent of being four times over the drink driving limit. She said this level did not contribute to his death but agreed that due to the level of alcohol he may not have been able to protect himself when he fell.

Garda Petrina Hastings arrived at the Clock Tavern shortly after 1.30am and witnessed a man lying on his back with people trying to assist him.

She explained that two men approached her at the scene and informed her that they had been in an altercation with the man on the ground.

Garda Hastings said she cautioned Mr Connolly at 2.20am and she said he told her 'I did it...I hit him'. She said he also informed her that Mr McDermott had run towards him similar to a rugby tackle and knocked him to the ground.

A memo of an interview Mr Connolly gave to Gardaí was read by Sergeant Noel Crinnegan, the court presenter, and in it he described how Mr McDermott had a weird and angry look on his face when he came towards him.

“It was just weird. I don't know if he was showing his teeth, it just looked crazed. I don't know how to explain it,” he said before later saying that 'Peter McDermott's face scared me'.

Mr Connolly had attended a wedding earlier that day and admitted he had between ten to 12 pints as well as a glass of wine and a Jagerbomb at the wedding before going to the Clock Tavern just after midnight.

Verdict

In his submission to the inquest, Mr Tansey said that it was not a crime for Mr McDermott to go out and have a few pints on the night and his actions during the night were not that of an aggressive man.

He said that Mr McDermott received a punch to the jaw which he said was an unlawful act and as such the appropriate verdict to record is unlawful killing.

“We live in a civilised society where the rule of law applies and none of us have the authority to take the law into our own hands,” he commented. “If someone is not pleasant to us, it is not within your gift to lash out and strike someone. You walk away and go to the guards. That is what you do in a civilised society.”

Dr Eleanor Fitzgerald, Coronor for Mayo

In response, Gary Mulchrone, solicitor representing Mr Connolly, said that his client was acquitted by a jury and this verdict cannot be dismissed when delivering a verdict. As a result of this acquittal, he said a verdict of unlawful killing cannot apply and suggested that the only appropriate verdicts for Dr Fitzgerald to consider was a narrative verdict or death by misadventure.

Dr Fitzgerald said she took into account both submissions but agreed with Mr Mulchrone that the verdict of an inquest cannot be inconsistent with the verdict handed down by the circuit court.

On deep consideration, she said she was recording a narrative verdict in accordance with the evidence and that Mr McDermott died after suffering a traumatic head injury caused by a propelled fall.

She also commented that alcohol had played a role in the death as both Mr McDermott and Mr Connolly had a lot to drink on the night and felt this death could have been avoided.

“I do believe Mr McDermott was a reasonable man but circumstances which occurred upset him and changed his behaviour. Possibly alcohol and being refused access into a pub fueled whatever course of action he embarked on which ended up in the punch and him suffering a fatal injury,” she commented.

She expressed her sympathy to the family of Mr McDermott on their tragic loss and commended all the people who went to his assistance on the night.