Man cleared of assaulting former Dundalk FC owner on laneway
The Drogheda IndependentA man accused of punching barrister and former Dundalk FC owner John Temple has been cleared following a district court hearing.
John (Jack) Keenan (59), O’Reilly Park, Kileen, Newry, denied assaulting Mr Temple causing him harm at Rathcor, Riverstown, more than two years ago.
The defendant claimed that he acted in self defence after the other man struck him on the shoulder as he sat in the passenger seat of a van on June 5, 2023.
The court heard that there was a history between the parties. Mr Temple had bought his house from Mr Keenan. There had been issues over payment which were resolved at the time of this incident.
John Temple testified that at 2.40pm he was walking with his two youngest children, aged 3 and 5 at the time, along a narrow laneway at his home when a van driven by Mr Keenan’s brother Edward went past them at speed.
When this vehicle came back up Mr Temple signalled it to stop.
He recognised the passenger, Jack Keenan. He said this man tried to open the door on top of his daughter and that he pushed it closed with his knee.
The defendant got out “and punched me 2 or 3 times in the face in front of my children”.
Mr Temple continued that he couldn’t really defend himself. The van driver tried to separate them.
He said that he suffered a black eye. There was blood coming out of his right ear.
He didn’t attend A&E. His mother-in-law, a nurse, checked on him. He saw a doctor two months later.
Under cross-examination Mr Temple denied that he contrived this altercation.
He didn’t go to the driver’s side of the van because it was tight up against the hedge.
The witness denied putting his fists in the open window and attempting to assault Jack Keenan.
He said that he had no difficulty managing his emotions. Neither did he find it hard “to keep a lid on it”.
It was put to him that he was a difficult man.
"People will say I am. People will say I’m not. I don’t understand the context.”
The witness admitted that he did not like Jack Keenan. He had paid in full what was asked for the house. He had continually been harassed for more money (for the house).
Edward Keenan, called as a prosecution witness, said he and his brother had gone to the shore to check a boat.
On the way back John Temple was on the lane at his property. He didn’t know him at all.
“He came walking in front of us. I stopped and let down the window. He didn’t come to me.”
Mr Keenan continued that his brother let down his window. There was a “bit of shouting”.
Next he saw “fists come in”. John was assaulted through the window. Then another (fist) came in.
By the time he got out, it was all over.
Edward Keenan told Garda Inspector Martina Gallagher that Mr Temple leaned in and punched his brother twice.
John (Jack) Keenan gave evidence that there was a history “because of the money owed”.
€10,000 was paid in “dribs and drabs”.
On this occasion, he said that John Temple was in the middle of the lane on his own. The children were at least 50m up the lane.
He came “straight to where I was” and verbally abused him. “He was going mad”.
Mr Keenan added that he put down his window. Mr Temple connected on his shoulder and he moved back.
"I got out to defend myself. We had a scuffle, then it was over. That was the end of it.”
He saw no injuries on the other man.
The witness said that he went to A&E in Newry the next morning. He had pains in his head.
He was told that there was nothing obvious but could be some bruising. He was given painkillers.
Mr Keenan replied to Inspector Gallagher that no money was owed at the time.
Gda Laura O’Connor said that at 3.16pm she received a report from John Temple that he was assaulted near his home while walking with his children to the beach.
He said that he had asked a van driver coming down the lane to slow down, and that John Keenan grabbed and started punching him.
Gda O’Connor continued that she saw a small cut to the bridge of Mr Temple’s nose and a slight amount of blood at the lobe area of his ear.
Following his arrest, John Keenan insisted in a statement made to Gardaí that he was defending himself and “made it clear John Temple had no time for him”.
Gda O’Connor said that Mr Keenan had no visible injuries.
Judge Nicola Andrews remarked that there was a “long protracted history to these parties”.
John Keenan was charged with Section 3 assault causing harm. The court was not satisfied that the injuries would constitute harm within the meaning of Section 3.
Unlike in a case of dangerous driving, where the charge could be reduced to careless driving, the judge explained she did not have the jurisdiction to reduce this to a Section 2 assault.
The court was not satisfied with the evidence in relation to the harm caused.