Man (23) admits assault on one of TD's sons at ATM
A MAN admitted assaulting the son of a TD on a night out, but was cleared of seriously assaulting the victim's brother.
The sons of Fine Gael TD for East Carlow and Wicklow, Andrew Doyle, were injured near a Bank of Ireland ATM, on a student night out in Waterford city.
Former UCD student Kevin Doyle (23) had his jaw broken twice and his brother Michael (21) had his tooth knocked out.
Eoin Guthrie (23), of Garrynisk Close, Kingswood Heights in Tallaght, Dublin 24, had pleaded not guilty to the assault causing harm of the two brothers on February 1, 2012.
Following an application from the defence yesterday, the prosecution chose not to proceed with the charge of assault causing harm of Kevin Doyle, who had his jaw broken by Guthrie's friend. A charge of simple or common assault against Kevin Doyle was entered, and Guthrie pleaded guilty to this.
But the jury yesterday took less than an hour to find him not guilty of assaulting Michael Doyle, causing him harm.
In evidence at the Circuit Criminal Court in Waterford, Kevin Doyle denied telling Guthrie to "hurry up" and to "come on and have a go" at the ATM, or words to that effect, prior to the incident.
The jury heard that Mr Doyle arrived in the city with fellow UCD students on a mystery tour, and had about six drinks before arrival. He went to meet his brother Michael, a Waterford Institute of Technology student, at a bar. Kevin did not have cash on him so the men went to an ATM.
CCTV footage was shown to the jury, which revealed Michael Doyle arriving at the ATM and attempting to come between his brother and Mr Guthrie.
Kevin was knocked to the ground and was kicked in the head a number of times by Guthrie's friend, which resulted in Kevin getting "a double break in his jaw", the court was told. This man has already pleaded guilty to the assault.
CCTV showed that Guthrie and his friend were surrounded by people on the night.
Shaun Boylan, defending, said: "His (Guthrie's) only aim was to get out of there".
Judge Pauline Codd adjourned sentencing for the preparation of probation and welfare reports to a sitting of the court next year.