‘All hell broke loose’ during chaotic scenes in Louth family’s kitchen
The Drogheda Independent“I don’t think there are any winners or losers here today. It’s a sad situation,” a judge has remarked after clearing a 49-year-old man of seriously assaulting his brother during a row which occurred in their family home.
Declan Martin denied assaulting Dónal Martin causing him harm at the house in Beechwood Drive, Dunleer, claiming self defence.
It was accepted that the injured party suffered a gash to his forehead which required stitches, and the court decided that the force used was reasonable and not excessive in the context of a “chaotic situation” in the kitchen.
Drogheda Court heard that the five-bedroom residence had been left to six of 12 siblings after their parents died.
The six lived at Beechwood Drive until the defendant left after this incident around 6pm on July 15, 2024.
It developed when Declan Martin was accused of not paying his way. He tried to push past one of his brothers to put on a load of washing.
Annette Martin testified that her brother Declan said he was not paying towards the house insurance. Another brother Seán told him not to use anything in the house.
“Declan pushed Seán and that’s what started it.”
Dónal came in. Declan was blocking the door and fighting with Seán. Declan then started fighting with Dónal, “proper thumps”, Ms Martin continued.
"Dónal and Declan were fighting; everyone was fighting in the kitchen.”
She added that Dónal was on the ground and Declan over him. She stepped out and rang the guards when she saw Dónal’s head bleeding. It was still going on when she left.
Ms Martin told defence counsel Stephen Faulkner that the house had been left between the six of them equally and they had to contribute equally.
Declan and Seán were going at it. It was chaotic in the kitchen. She saw Dónal trying to get Declan off Seán. Dónal didn’t try to hit Declan.
In the witness box, Seán Martin gave evidence that he said to Declan that he was living rent free.
Declan went and got clothes and pushed past him into the kitchen, remarking that he wasn’t going to be stopped using the machines when “all hell broke loose”.
"Declan pushed me. I fell onto the couch.’
Seán said that Dónal was pulling Declan off him. There was blood “coming out of Dónal’s face”. He didn’t see how he got it.
This witness said he didn’t hit Declan at all.
Dónal Martin took the stand and said that when he went into the kitchen after arriving home from work, there were “words going on over property tax”.
Declan said that he wasn’t paying it.
"He (Declan) wasn’t handing up anyway. I told him not to be using milk and butter.”
He continued that his brother replied, “Who’s going to stop me?”, before Declan pushed Seán and “they had a scuffle”.
Donál said that he grabbed Declan from behind. Declan turned around, hit him a box with his right fist and “split my forehead open”. Declan then struck him another 5 or 6 times. “There was blood everywhere.”
One of his other brothers pushed him off. The injury required 8 stitches.
Dónal Martin told Mr Faulkner that he pulled Declan by the collar of his shirt. He didn’t go to hit his brother first. He couldn’t make a fist as his fingers can’t lock.
He could make a fist with the hand he grabbed Declan with. He ripped the t-shirt off him.
He denied that the defendant acted in self defence. Declan hit him another 5 or 6 times after the first impact, he said.
Thomas Martin gave evidence that he was in the sitting room when he heard a “commotion” in the kitchen.
He saw Declan get pushed back into the kitchen. Dónal came from behind Declan. Declan hit him once on the head in self defence. Dónal got cut “and everything just stopped”.
Under cross-examination, Thomas said that there are ongoing issues in the house.
"They want me out of my room. I’m not leaving it. Seán wants to get into it.”
He added that he had reported the matter to Dunleer gardaí.
The court heard that a nephew of the brothers had a bedroom which he stayed in occasionally. It was otherwise kept locked.
The accused, Declan Martin, testified that he said he wasn’t paying the property tax.
Seán told him not to use the washing machine. He went to put on a wash and Seán blocked his way into the kitchen. Seán pushed him 2 or 3 times.
Dónal pulled his t-shirt over his head. His two brothers were “attacking” him.
He “just swung”. It was unfortunate what happened with Dónal, an accident.
"I absolutely acted in self defence.”
The defendant told Garda Inspector Kevin Toner that the t-shirt was over his head. He swung once. He was trying to get people away from him.
When the cut happened everything stopped. Annette said she was ringing the guards. He changed his shirt and waited for the guards to come.
Gda Rónán Kilbane said that when he arrived Dónal Martin was bleeding heavily from a wound to his forehead.
He arrested Declan Martin at 6.45pm and took him to Drogheda Garda Station.
In an interview he said it was self defence. He was charged at 10.43pm.
Judge Andrews said an incident occurred in the context of a “profoundly dysfunctional family environment”.
The house had been left to six siblings who resided there. Now there were five of them and a nephew living there.
The evidence given “paints a picture of turmoil, and somewhat Orwellian in places in disharmony and distrust”.
Dónal Martin sustained a serious laceration to his forehead which was clearly evident as he gave evidence.
The events that unfolded can only be described as a “melee in the kitchen”.
Declan Martin had his t-shirt pulled over his head, felt under threat and struck out and landed a blow to a part of the body prone to split very easily.
Having considered all the evidence and the circumstances the defendant found himself in, Judge Andrews continued, the force used was reasonable and not excessive.
In the context of the “chaotic situation in the kitchen”, he was entitled to rely on self defence.
"I’m quite troubled by the evidence I heard today. I don’t think there are any winners or losers here today. It’s a sad situation,” the judge said.