Landscaper convicted over Wicklow tyre shop headbutt after row over trailer tyres
The Wicklow PeopleA landscaper who headbutted a tyre shop owner during a dispute over trailer tyres has been convicted of assault causing harm.
Ronan McSweeney (43), with an address at Rockfield Park, Kilmacanogue, appeared at a sitting of Bray District Court for a hearing, after pleading not guilty to one count of assault causing harm.
The complainant, Fouad Musa, gave evidence that on June 13, 2024, the accused entered his workplace, a tyre shop in Bray, where he complained about an issue with his tyres.
Mr Musa claimed that when Mr McSweeney came into his office “wanting free stuff”, an argument took place and the accused “suddenly headbutted him”.
Mr Musa told Inspector Syl Hipwell that a sign at his business tells customers to check their tyres after 10 km.
He added that “in Ireland you can’t just hit people”, telling the court he had to tell his children he had injured himself in a workplace accident.
It was alleged that Mr McSweeney was laughing after he headbutted the complainant.
Barrister for the accused, Eamon O’Moore, argued that none of the testimony regarding his client laughing was contained in any statement provided to the defence before the hearing.
A medical report handed into the court stated that the complainant received paper stitches for the injury sustained to his lip.
During cross-examination, Mr O’Moore asked why messages from the day before the incident had been deleted by Mr Musa.
Mr Musa claimed the messages “weren’t in great English”, which was why he deleted them, with defence counsel saying that “didn’t make a lot of sense”.
He said Mr McSweeney entered the business telling staff, “I want, I want, I want”, but Mr Musa told him there was nothing more he could do for him.
It was noted that Mr Musa told the defendant, “you don’t have to talk to me nice, I will give you a few slaps”, before placing his hand on his arm to “calm him down”.
“It is my culture back home to calm people down. I never hit him. I have the stitches, I have the problem,” said Mr Musa.
Fouad Musa leaving Bray Courthouse. © Darragh McCann
Judge Andy Gubbins enquired whether the complainant had touched the accused, with Mr Musa confirming that he had placed his hand on his arm.
The court was told that, prior to the headbutting, the accused tried to reconcile with Mr Musa, who pushed him in the chest.
Mr Musa said he could not recall doing so, with Mr O’Moore remarking that he had a “convenient lack of memory”. Footage recorded by Mr McSweeney on his phone of the altercation was played to the court.
Defence counsel also accused Mr Musa of “answering questions with multiple answers to suit his narrative”.
Mr O’Moore submitted that his client acted in self-defence and took a certain course of action, but did not “use a particular martial arts manoeuvre” because he believed the injured party would strike him first.
Garda Megan Cooney of Bray Garda Station testified that when she responded to the call, the complainant told her there had been an issue with tyres, as one had fallen off, before the male became aggressive and headbutted him.
Originally charged with Section 2 assault, the Director of Public Prosecutions later directed that the defendant be charged with assault causing harm.
During cross-examination, Mr O’Moore said he was not criticising the investigation, but submitted that “the onus is on the State” to establish whether his client acted in self-defence.
Prior to the incident, Mr Musa had told Mr McSweeney that he would fix whatever issue there was, with screenshots of messages handed into the judge.
Mr O’Moore submitted that the court had heard “two parts of the story”, including what he described as Mr Musa’s “changing narratives”.
He argued that the suggestion Mr McSweeney simply walked up and headbutted the complainant was “not reflecting reality”.
However, he said that he was not disputing the injury sustained by the complainant.
The accused testified that he felt he was in a bad situation, and felt threatened, stating that he and the tyre shop employee were in each other’s personal space, before he had a “him or me” knee-jerk reaction.
During cross-examination, the defendant accepted that both he and Mr Musa were aggressive during the exchange, but said they were standing at “kissing distance” and that they could smell each other’s breath.
The accused also agreed with the inspector that he could have left at any stage, but told the court he was trying to obtain a receipt and resolve the issue, having used the business for a long time.
Seargant Mick Canavan informed the court that the defendant has no previous convictions.
In mitigation, Mr O’Moore said that Mr McSweeney is a landscaper with two children and a pro-social member of the community.
Judge Gubbins convicted the defendant, telling Mr McSweeney he should have walked away, but instead headbutted the complainant, leaving him with a “nasty injury”. He sentenced the accused to four months imprisonment, suspended for a period of 12 months