Man threatened ex-wife's partner with sword
Published 01/03/2011 | 05:00
A MAN who broke into the house of his ex-wife's partner and threatened him with a sword has been ordered to pay €30,000 in compensation.
Michael Kelly, of Oldtown, Marshalstown, Enniscorthy, Co Wexford, was convicted of assault in a civil case taken by Kenneth Murphy, of 14 Slieve Amharc, Enniscorthy.
Wexford Circuit Civil Court heard that Mr Murphy was in a relationship with Liz Kelly, Mr Kelly's ex-wife, at the time of the incident.
At around midnight on February 25, 2005, Mr Kelly broke into Mr Murphy's house. A martial arts expert, he came up the stairs brandishing a sword, threatening to stick it into Mr Murphy.
When Mr Murphy retreated to his bedroom, the sword was thrust through the door, cutting him on the arm.
Mr Kelly then kicked down the door forcing Mr Murphy to jump out a window while Mrs Kelly hid in the en suite bathroom.
The court heard that Mr Murphy broke his ankle jumping off the roof in the escape attempt.
A neighbour called the gardai and Mr Murphy was taken to Wexford General Hospital for his injuries.
Defending the case, Mr Kelly's legal team said that Mr Murphy had provoked him by threatening his daughter Lydia.
Mr Kelly's solicitor said that Mr Murphy had made lewd comments about his ex-wife and daughter in Enniscorthy the day before the incident.
He said that Mr Murphy was in financial trouble and had taken money from Mr Kelly.
Mr Murphy denied the claims.
Mr Kelly told the court that he was not proud of what had happened. He said that prior to the incident his ex-wife's partner had goaded him into assault.
And he said that it was a replica sword that he was carrying, with a blunt edge, used in marital arts.
Judge Alice Doyle awarded Mr Murphy €25,000 in general damages and €5,000 special damages.