Jackie Healy-Rae lawsuit over Kerry assault to be finalised in November

By Anna Zacharias, The Kerryman

After a criminal conviction for a 2017 assault, Jackie Healy-Rae is believed to have reached an agreement over a related civil lawsuit brought to court earlier this year.

In April, Kieran James claimed €60,000 for personal and psychological injuries, loss, damage and expenses from the independent Kerry County Councillor, his brother Kevin and their friend Malachy Scannell.

The next sitting for the case is November 10.

It is expected that proceedings will be struck out following an agreement, said John Cashell, solicitor for the plaintiff.

The case is not concluded until it is finalised in court.

The settlement is without prejudice, which means the agreed figure and further settlement details cannot be disclosed.

The civil case came before the Circuit Court in Tralee on Wednesday, April 22.

At the time, Mr James (38) of Maxim Road, Grange Park, London, UK claimed €60,000 for personal and psychological injuries, loss, damage and expenses.

The brothers, both of Sandymount, Kilgarvan, and Mr Scannell of Inchinacoosh, Kilgarvan, were convicted of assault causing harm to Mr James in December 2019.

The counsellor lost his Circuit Court appeal in October 2022.

The other defendants did not appeal.

At the time, the judge ruled the counsellor had lied to gardaí when questioned about the incident.

The highly publicised criminal case detailed an attack in Kenmare on December 28, 2017 after Mr James’ partner told a chip van server that Jackie Healy-Rae had jumped the queue.

He received three-and-five month concurrent sentences, suspended, for assault causing harm to Mr James at East Park Lane and Main Street, Kenmare.

His brother Kevin received a seven-month suspended sentence for assault causing harm to Mr James.

Mr Scannell received two six-month suspended sentences for assault causing harm to Mr James and to another man.

The civil court summons submitted in April maintained the defendants acted ‘with a common design and are sued jointly, severally and/or in the alternative’.

It claimed damages, interest and costs including doctor and medical fees, loss of earnings and travel expenses.

It related to the events of December 28, 2017 at The Square, Kenmare maintaining that Mr James was ‘intentionally and with hostility and force, repeatedly assaulted and beaten by the Defendants who pushed and struck the Plaintiff and went to choke him around the neck’.

The claim stated emergency services took Mr James to Kerry University Hospital for clinical assessment, particularly the ‘damage to his face sustained by several heavy facial blows’.

The claim detailed significant surgery required to reshape his fractured nose in 2018, stating it left him with a permanent nose deformity and continuing shoulder issues.

The claim also detailed personal repercussions for Mr James, whose mother grew up in Kenmare.

When The Kerryman attended court on April 22 for the first appearance of the case, the summons issued by J. Cashell Solicitors incorporating Patrick Mann and Company was not on the public list of cases.

It was called to a near-empty courtroom at the end, the last case of the day.