Kerry man who was ‘aggressive and out of control’ convicted of assault outside pub
The KerrymanA rainy, late-night walk to a chipper resulted in a confrontation and an alleged headbutt outside a Killarney pub, Tralee District Court heard last Thursday.
For Gary Martin (30) of Knock Lebede, Killcummin, Killarney, it also led to a conviction.
Mr Martin pleaded guilty to threatening, abusive or insulting behaviour but contested a charge of assault for allegedly headbutting a man outside a bar on New Street last October.
The court watched a phone video with audio of a man shouting, as well as eight minutes of silent CCTV footage taken outside Charlie Foley’s, time-stamped at 2.45am.
The CCTV footage showed Mr Martin pass the bar, double back and return to approach men in an animated manner, which he sustained for several minutes. Near the end of the video, a garda van appears.
The alleged assault itself was not recorded.
A garda testified that the garda van was flagged down by staff outside the bar and a man, identified as John Doolan, told gardai he was headbutted by Mr Martin.
Mr Doolan took the stand to say he and his colleague Mark O’Sullivan were outside the bar waiting for a taxi after work when Mr Martin walked by.
He told the court that Mr Martin returned to assault him, telling him, “I told you I’d get you”. After retreating into staff accommodation and closing the door, he recorded Mr Martin shouting at him from the street.
“He was trying to get at me,” said Mr Doolan.
A colleague at the hostel called gardaí, he said.
“We just waited ‘till the guards came,” said Mr Doolan.
When asked about injuries, Mr Doolan said the side of his face had heavy swelling but he did not seek medical attention or miss work.
In cross examination, he accepted the headbutt wasn’t filmed and there were no photographs of the injury, which he described as “a lot of swelling, around my ear and toward my eye”.
He accepted that he knew Mr Martin previously.
“I have to put it to you that your allegation of assault is made up, it’s not true” said the defence solicitor, Brendan Ahern.
Mark O’Sullivan then took the stand as a witness.
He told the court he was outside the bar with his colleague, Mr Doolan, when approached by Mr Martin.
“All of a sudden we see him coming up, from the corner of my eye,” said Mr O’Sullivan.
He said Mr Martin headbutted Mr Doolan, who then retreated inside staff accommodation.
Mr Martin “was threatening to kick in the door and all that”, he said.
Mr O’Sullivan said he tried to intervene, knowing the defendant and claimant were not on good terms. “I tried to separate it out,” he told the court. He added that Mr Martin “kinda went through me to headbutt him”.
“I have to put it to you that that didn’t happen,” said Mr Ahern.
“Oh no, it did happen,” replied Mr O’Sullivan, adding “I was there”.
Finally, Mr Martin took the stand. He told the court he had gone to several pubs that evening and came across Mr Doolan and Mr O’Sullivan while walking downtown.
“I was walking down to the chipper,” said Mr Martin. “I saluted Mark, who I knew from school.”
He said he had words with Mr Doolan about a family member but never assaulted him.
“If I was stood there, everything would be caught on camera,” said Mr Martin. “I put my hands up for public order but not assault,” he added.
“I put it to you that you instigated this, we heard the threatening words,” said Inspector Fergal Long.
Mr Martin replied the assault was not caught on camera and the claimant and the witness were friends. “They’ll back up against each other,” he said.
He added that there were no photos or medical reports about the injury.
“I’m telling you, I didn’t assault that man,” he said.
Judge David Waters said video evidence showed Mr Martin was “completely out of control” and he convicted.
“Clearly, you can see he’s aggressive and out of control,” said the judge. “He maintains this aggression for a considerable period of time.”
“I absolutely believe the witnesses,” he added.
The case was adjourned to November 17 at Killarney District Court for sentencing.
A victim impact statement will be produced.
“I’m convinced he assaulted this man,” said the judge.