Family awarded €28,000 damages after being assaulted and forced to flee home for complaining about late-night party
Published 05/12/2012 | 14:10
A FAMILY of three who had to flee their home in the middle of the night has been awarded more than €28,000 damages for assault against a businessman and landlord and his two sons.
An Post clerk Edward Murphy had “the lights beaten out of him” after having been attacked by brothers Neil and Stephen Carroll when he complained about loud partying in their neighbouring apartment, barrister John Moher told the Circuit Civil Court.
Judge Matthew Deery also heard that Mr Murphy’s sister, Helen Murphy, and Edward’s wife, Hayley Murphy, also had to flee the apartment they shared at The Crescent, Rathbourne Court, Ashtown, Dublin.
The judge said Edward had been punched and kicked around the face, head, neck and back while scuffling with Neil Carroll. Mr Murphy had claimed he was being held down and also assaulted at the time by Stephen Carroll.
Judge Deery said student Helen Murphy had suffered bruising when she had been grabbed by her arms and pinned against a wall in the hallway outside their apartment. The court heard she had been called an “English c***” and a “whore.”
She had been so anxious and stressed and fearful for her safety that some months later she had returned to her native England.
He accepted that Hayley Murphy had not been physically assaulted but had suffered trauma as a result of the attacks of November 7, 2010. She and her husband Edward, with Helen, had been advised by gardai on that night to leave for their own safety. They and Helen had lived with Edward’s mother on the Navan Road, Dublin, for weeks.
Judge Deery said that when Garda David Fahey arrived at the Ashtown apartments he found Neil and Stephen Carroll with their T-shirts off. They appeared to be drunk and he had advised the Murphys to get out if they had somewhere to go.
Mr Moher told the court the Murphys landlord was Frank Carroll and they had complained to him about noise and loud music from his son Neil’s apartment. Nothing had been done and when Hayley had gone to complain on November 7 she had been told to "f**k off".
Later the Carroll brothers had attempted to enter the Murphy apartment, had pulled Edward into the hallway and had set upon him. The brothers denied the assault and claimed Edward Murphy had started it and had come off worst.
Judge Deery awarded Edward €12,255; Helen €9,161 and Hayley €7,147 against all three members of the Carroll family. He said the father Frank, while not involved in the assaults, had effectively done nothing to curb the noise and partying.