Three defendants change their pleas to ‘guilty’ during Louth assault trial

By Francis Carroll, The Drogheda Independent

Three men who kicked and stamped on another male as he lay on the ground have been remanded on continuing bail for sentencing.

Martin Smith (35), Ashling Park, Dundalk; Macauly Quilton (29), O’Reilly Villas, Tralee; and a third accused who was a juvenile aged 17 at the time, changed their pleas to “guilty” mid-trial at Dundalk Circuit Court.

They admitted assaulting Cian Kearney causing him harm at Cedarwood Park, Cox’s Demesne, Dundalk, in the early hours of August 27, 2020.

The State entered a “nolle prosequi” in respect of a criminal damage charge against Mr Smith.

In the witness box on the first day of a jury trial, Mr Kearney said that he couldn’t remember where he was at the time in question as he was entrenched in a drugs and alcohol addiction.

"I don’t recall any of that,” he said before adding that he didn’t remember giving a statement to gardaí at Our Lady of Lourdes Hospital later the same morning.

In the absence of the jury, prosecuting counsel Steven Dixon made an application under Section 16 of the Criminal Justice Act 2006.

This permits the admission of previous witness statements as evidence if a witness refuses to testify, denies making a statement, or provides evidence inconsistent with it, provided the statement was voluntary, reliable, and made under oath or affirmation.

Following a hearing on that issue, Judge Dara Hayes acceded to the State’s application.

When the jury returned, lawyers for Mr Quilton and the young man asked that their clients be re-arraigned.

Both pleaded guilty to the charge of assault causing harm.

Martin Smith’s trial continued with evidence heard from Gda Kate Patterson who took Cian Kearney’s statement in a side ward of the hospital’s A&E Department at approximately 10am on August 27, 2020.

In it, he said that at 2am that day he went to a house party in Cedarwood Park. A couple of his friends were there. He had a few cans of beer before leaving around 4am.

He was walking towards the Vivo shop when he bumped into the defendants whom he knew. All three grabbed him and pushed him to the ground.

All three were kicking and stamping him. He tried to cover his head.

"They kept kicking me for five minutes.”

He then ran towards his Nana’s house in Ashling Park. It was locked. He went towards the Maxol shop in Castletown Road before walking back. He was dizzy. His head was sore and he noticed that some of his teeth were missing.

There were a couple of Garda cars at the house. He noticed the front window of his Nana’s house broken. It wasn’t broken when he was there five minutes earlier.

There was blood gushing from his mouth, nose and left ear. The bottom of his back was in pain, as was his left hand and index finger. He thought the finger was broken.

The victim also stated his left leg and knee were sore. There was a graze on his left shin. He couldn’t touch his face. There was swelling over his left eye.

Under cross-examination by barrister Aidan McCarthy, Gda Patterson said that she didn’t speak to a doctor at the hospital nor did one approach her. No one stopped her from seeing the injured man.

"He was in a hospital under care of medical staff. My job was to take a statement.”

The officer added that she was 20 years in the job. She was satisfied that Mr Kearney spoke freely and was able to outline what happened. She had no concerns for his welfare.

Cian Kearney told Mr McCarthy that he and Martin Smith used to pal around.

He said that he was under the influence of drink and drugs at the time. He had no recollection of what happened.

Asked whether he was standing over the statement as correct, he replied that he couldn’t say whether it was correct or not.

As Day two of the trial was about to start, Martin Smith was re-arraigned before the jury.

He pleaded guilty to assault causing harm.

Judge Hayes explained to the jury that the plea met the prosecution case. The DPP did not require a plea to the criminal damage charge.

The State consented to all three defendants remaining on bail.

Judge Hayes remanded them on continuing bail to May 8 for sentence and directed probation reports and a Victim Impact Statement.