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OAP broke barman's nose with 'cheap shot'





A FORMER publican who broke a bar manager's nose with a "cheap shot" punch after he was put out for falling asleep on a barstool has been found guilty of assault.

Eugene Toolis (69) struck the man after being taken outside after staff refused to serve him any more alcohol on New Year's Day.

Toolis had pleaded not guilty to assaulting David Murray outside the Rathmines Inn at Rathmines Road on January 1, 2014.

He argued self-defence, but Judge Bryan Smyth convicted him and fined him €400.

Dublin District Court heard Toolis had owned a pub which burned down, leaving him out of business.

Mr Murray (34) told the court he "assisted Toolis to the door" and down the step.

The accused fell out onto the road and got up aggressively, he said.

"He came towards me and I put out my hand," Mr Murray said. "He took a cheap shot and he punched me and broke my nose. He took me by surprise when he swung at me - I didn't see it coming.

"He said something to the effect that he ran a bar for years and we didn't know what we were doing and we were effing blackguarding him," Mr Murray said.

Toolis told the court he had three pints that night, but was on medication after suffering three strokes and this may have made him seem "a bit sleepy".

He had been told he was not being served any more and said that as he went to leave, he was grabbed from behind.

He said Mr Murray pushed him "as hard as he could" out the door, he lost his balance and ended up on the path.

He saw Mr Murray "staring down at me" and when he got up he hit him because he was "raging over what he did".

"Naturally, I thought he was going to attack," he said.

Judge Smyth said CCTV showed the accused was "pushed out at speed", but he found Toolis, of Clanbrassil Street, had assaulted Mr Murray.