independent

Sunday 21 September 2014

Accused is not guilty of assault after altercation

Published 02/08/2014 | 00:00

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A Greystones man accused of fracturing another man's nose was found not guilty of assault at Wicklow Circuit Court last week.

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A Greystones man accused of fracturing another man's nose was found not guilty of assault at Wicklow Circuit Court last week.

Adrian Kelly (45), 82 Mill Road, Killincarrig, Greystones, was charged with assaulting James Byrne of Tooman, Kilpeddar, causing him harm at Joker's Take Away, Church Road, Greystones, on February 24, 2013.

At the outset of the case, Seoirse O'Dunlaing, BL, for Kelly said it was accepted that there was an altercation between both men in the takeaway and that they both fell together against a table.

Forty-nine-year-old James Byrne told the court he went into Joker's chipper at around 1.30 a.m. and there were two men there, Adrian Kelly and David Campbell, as well as a number of staff.

He said Mr. Kelly muttered 'garda grass' at him and became agitated, saying 'you're a garda grass and you're a liar'.

Mr. Byrne said Mr. Kelly to 'get your facts right. I'm not a garda grass. I'm not a liar.'

As Mr. Byrne went to pay for his food he 'saw him [Mr. Kelly] swing a punch with a closed fist and hit me straight across the nose and I ended up on the ground'.

While on the ground he said Mr. Kelly punched him again. Mr. Byrne said his nose was fractured and he had swelling to his jaw and pain on his right hand side. Under cross-examination from Mr. O'Dunlaing he denied calling Mr. Kelly a 'fat pr**k' or staring at him. He also denied grabbing him by the shirt or t-shirt.

David Campbell of Redford Park, Greystones, said he was in Joker's with Mr. Kelly and Mr. Byrne came in. He said Mr. Kelly asked Mr. Byrne 'have you got a problem with me? You keep staring at me' to which he said Mr. Byrne replied 'no, just that you are a fat pr**k.'

Mr. Campbell said 'they sort of went for each other. They grabbed each other's lapels. They pulled each other. They spun around and went straight over the ledge of a table onto the floor.'

A jury of six men and six women deliberated for more than two-and-a-half hours before finding Mr. Kelly not guilty of the assault.

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