Wexford man given ten-month prison sentence following roadside assault
Wexford PeopleA Wexford man has received a ten month prison sentence for assault at Wexford district court.
Dean Kennedy, the injured party, gave evidence that on May 25 2023 he was driving a tractor and trailer along a narrow country road to get hay bales when he came across a van driving the towards him being driven by David Murphy (38), with a previous address given in court as Shingan, Milehouse Road, Enniscorthy, Wexford.
The two vehicles had reached a stalemate on the road with neither of them capable of moving. Mr Kennedy stated that Murphy had gotten out of his van and approached the tractor shouting up at him to get out and had spat up at him. Mr Kennedy rang his boss to come and got down from the tractor when things began to get aggressive with the parties grabbing at each other.
Sandra Murphy, the wife of the accused, had videoed the altercation on her phone where she can be heard shouting “let him go he’s gonna burst ya.” The parties had let each other go but continued to exchange words when Murphy struck Mr Kennedy once in the face and once in the neck before the video cuts off. Mr Kennedy stated that the accused had effectively “turned up out of the blue for a boxing match on a country road”.
The court heard that the parties are known to each other and have some ill blood arising from a relationship Mr. Kennedy’s sister had been in with Murphy’s deceased brother. The injured party stated that he had received numerous voice notes and threatening messages from Murphy as things escalated over time.
A forensic examination was carried out on the phone of Mr Kennedy with one video being played to the court where Murphy states “let’s have our day in court I’ll wipe the floor with you.”
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Andrew Bolger BL, instructed by Marie Murphy, stated that it will be his client’s evidence that on the day Mr Kennedy was shouting at him from the tractor and was the first to put hands on Murphy, and that his client had told the complainant to not come any closer and to go away, and was acting in self defence. Mr Kennedy responded that the accused was looking for him as his farm is the only one up that lane.
David Murphy took the stand and gave evidence that he used “reasonable force” in self defence once the tussle began. The accused stated that he had been driving this lane to get to Galbally where a friend of his resides that he races motorbikes with.
Sandra Murphy took the stand and gave evidence corroborating what her husband had said, in that their van had pulled in to a driveway to allow the tractor to pass when Mr Kennedy blocked them in and began shouting at them. Mrs Murphy added that Mr Kennedy’s boss had gotten aggressive with her and had been shouting at her when she got out of the van and began recording the tussle between the two men.
Inspector Garda Kavanagh queried the text messages sent from Murphy saying that all the messages are a one way traffic from Murphy to the complainant and all he can see is an “aggressive one sided communication” which he described as being threatening at times. Murphy responded that Mr Kennedy does not answer him directly but instead will message his boss or sister or post things on social media.
The court heard that Murphy has previous convictions for false imprisonment, assault, public order, and no insurance.
Judge John Cheatle commented that the forensic examination of the phone showed a 12 month harassment of the injured party of a “vicious nature”. He added that the accused has a history of violence before imposing a sentence of 10 months imprisonment.
The defendant has since appealed the decision and the matter will be heard before the next sittings of district court appeals at Wexford Circuit Court.