A 33-year old man who punched a woman in the face with his fist after she struck him across the head with a gin-glass in a pub row has escaped a criminal conviction.
At Killaloe District Court sitting in Ennis, solicitor for accused man, Kenneth Nealon, Tara Godfrey, said that what occurred in Flanagan’s restaurant, Ballina, Co Tipperary on June 13th 2021 “was an unmitigated disaster”.
Judge Alec Gabbett said: “The whole scene was a bit unseemly.”
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In evidence, Garda Aine Troy told the court that after arriving at the scene at 12.30am, she spoke to Mr Nealon of Hampsted Park, Shannon Banks, Corbally, Limerick and said that he was irate and being treated in an ambulance at the time.
Garda Troy said that Mr Nealon “informed me that an altercation had taken place. He said that a girl called him a fat c**t and he told her he could lose the weight but she could not lose her fat nose and an altercation took place”.
Garda Troy said: “I viewed the CCTV and it shows Mr Nealon strike the woman in the face with his fist after he was assaulted.”
Mr Nealon pleaded guilty to the assault of Amy Delaney (26) of Johnsboro, Mountrath, Co Laois and Judge Alec Gabbett imposed the Probation Act and ordered that he enter a €200 Probation Bond and be of good behaviour for the next two years.
In court in April Ms Delaney pleaded guilty to the assault causing harm of Mr Nealon and CCTV footage of the row was shown in court.
Ms Delaney also escaped a conviction after providing €1,000 compensation to Mr Nealon for the ‘gin-glass’ assault injury to Mr Nealon’s head which required three surgical clips to be put in place a 2cm laceration above his left ear.
On behalf of Mr Nealon , Ms Godfrey said: “My client apologises unreservedly. Unfortunately, there was drink all round which is no excuse for anyone. My client doesn’t have previous convictions. He works in a factory and is desperate not to get a conviction.”
Ms Godfrey said: "He is pleading guilty to the Section 2 assault even though it did take us a while to come to that plea as he did have injuries. He had staples in his head and time off work.”
“He has received compensation through the courts from the lady who was the injured party in our case.”
Ms Godfrey said: “The State accepts my client was punched first and he punched back - he shouldn’t have punched back. Anyway the glass went through his head.
Ms Godfrey said: “He didn’t cover himself in glory that night, but then again he had been injured himself."
Ms Godfrey said that Mr Knealon wishes Ms Delaney no ill will. She said: “He really just wants to put this behind him.”
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