Cleared of attack over 'wife grope' claim

Declan Berkely (45) of Berwick Grove, Swords Manor, Swords, had pleaded not guilty to assault causing serious harm to Anthony McGann (54) at Ormond Avenue, Swords, on September 19, 2010.

After hearing evidence from a witness who said Mr McGann grabbed the arms of the accused and went to headbutt him, Judge Desmond Hogan directed the jury to find Mr Berkely not guilty.

The trial had previously heard that Mr Berkely admitted punching Mr McGann in the face after Mr McGann had touched one woman's breasts and then groped Mr Berkely's wife.

Mr McGann said he cannot remember anything about the night as a result of his injuries but said he wouldn't have done these things because he respected women.

He said his injuries had left him suffering from severe mood swings, memory problems and epileptic flashbacks.

The two men, their wives and two other neighbours James and Janice Ennis, were on their way home at the end of a night in the local pub.

James Ennis gave evidence yesterday that he saw Mr McGann lunge at Mr Berkely's wife Alison and grab her private parts. He told Colm O'Briain, prosecuting, that Mr McGann then walked on while shouting "this is all just for fun".

He said that Mr Berkely followed Mr McGann and that they were yelling at each other.

He said Mr Berkely was shouting "why did you disrespect my wife and my family?" He said Mr McGann started to walk off but then came back very quickly and had a crazed look on his face.

He said he saw Mr McGann grab both arms of the accused and heard him shouting "It's only love". Mr Ennis said he thought Mr McGann was going to headbutt the defendant.

Judge Hogan told the jury that it was up to the prosecution to show that the use of force was not justifiable but they had failed to show that the accused didn't believe that the use of force was necessary.

hnews@herald.ie