Jury convicts Louth man (40) of midnight attack on old age pensioner
The Drogheda IndependentA 40-year-old man has been remanded in custody for sentencing after being convicted by a jury of an attack on an OAP.
Paul Farrell, Sean Tobar, Clogherhead, Co. Louth, denied charges of robbery and assault causing harm following an incident which occurred on June 16, 2024, when the victim was walking home from his local pub in Drogheda.
A jury at Dundalk Circuit Court heard that the man in his seventies was followed by the accused who demanded money from him. After he handed over some money he was asked for his wallet before being punched in the face.
The victim lost a tooth there and then and subsequently lost another which had become loose.
Defence counsel argued that it was a case of mistaken identity as the elderly man made no mention of a cyst on Mr Farrell’s forehead when he gave a description of his assailant to gardaí.
The injured man testified that he had three pints of Foster’s shandy in the Windmill House, a short distance from his Anneville Crescent home.
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Just after midnight he was walking home when he noticed two men standing outside a derelict house. One of these people started walking behind him.
"I was nervous and suspicious. I tried to run. He got in front of me and stopped me.”
After being asked for money he gave the man a €5 note and some change.
"He demanded my wallet. I didn’t have one.”
The witness continued that he got “an unmerciful belt on the mouth”. He didn’t see it coming. This occurred about 15 yards into the Anneville Crescent entrance.
He staggered back and shouted out for help. His attacker headed back towards the derelict house.
The pensioner said he made the rest of his way home. He couldn’t get the key in the lock.
He rang the doorbell. When his wife came she was shocked by the blood coming down his face. He told her to ring the guards.
They arrived after about half an hour. He described the other man as being at least 6ft tall with a beard and his hoodie up. He was between 20 and 30. The victim said he was not good at guessing ages.
Gardaí left and returned 30 minutes later saying that they had found someone.
The victim said he was driven up to the derelict house. There were a lot of people around. He identified the man who assaulted him.
Cross-examined by barrister Donough McDonough, instructed by solicitor Rachel Nolan, he said he was not suggesting a bottle was used. He got a box in the mouth.
There was nothing distinctive in the description of the defendant.
There were 6, 7 or 8 people, including guards, at the derelict house. His attacker was standing against a wall. He couldn’t remember if this man was standing on his own. Gardaí were in the proximity of him.
His hoodie was down. They told him to put his hoodie up.
The elderly man said that he didn’t get out of the Garda car. He was in the front passenger seat. The window was down.
Gda Eilish McGinley was one of two gardaí who responded to the initial call.
She said that Paul Farrell had cuts to his hands and wrist. They rang for assistance. There were between four and six guards present at the derelict house.
Gda Patrick McAuley gave evidence that he saw a broken wine bottle at the scene and a trail of blood leading to the derelict house.
There were two men and two women in that building, including the accused who had cuts to his hands. He matched the description given.
The officer said that he returned to the victim’s home and brought him to the derelict house. He saw him identify Paul Farrell as the person who assaulted him.
Gda McAuley replied to Mr McDonough that a formal identity procedure would have been preferable.
There was no reference to a cyst in the description.
He had no recollection who asked Mr Farrell to put up his hood.
He recalled the victim getting out of the Garda car when he made the identification.
The witness said he did not know why a photo taken of the accused was not shared with the defence.
The court refused a defence application to withdraw the case from the jury on the grounds of frailties in the evidence.
Judge Dara Hayes said that these were matters for the jury.
Closing arguments were made by prosecuting counsel Steven Dixon and barrister Eoghan Fagan for the defence.
After deliberating over two days, the jury found the defendant guilty of both charges, each by 10-2 majority verdicts.
He was remanded in custody to February 25 for sentencing.