Motorist hit with a stick after car ‘blocked’ entrance to Limerick estate
A MAN was hit on the back with a stick after a car blocked the road in a housing estate, Newcastle West Court heard.
Joseph Harty, aged 44, of Lismakeera, Askeaton pleaded guilty to charges of assault and production of an article in the course of a dispute.
His brother - Edward Harty, aged 47, of Lismakeera, Askeaton - pleaded not guilty to a charge of assault causing harm.
The injured party entered the witness box and said he was driving into the housing estate in Lismakeera, Askeaton on August 28, 2022.
“The road was blocked by a car. I was waiting three minutes. I asked the occupants to move the car. Joseph Harty came out of his house and said “take your time”.
"We had a verbal dispute. He hit me three times in the window of the jeep. He followed me up to the house. Joseph hit me with a stick down across the back. I ducked down,” stated the witness who added that Edward Harty appeared with a spade.
“There were children there. It wasn’t a great situation. The two twins were standing there when he (Joseph Harty) hit me down across the back,” said the victim.
Ian McNamara, solicitor for Edward Harty and Joseph Harty, asked the injured party if he had a handle of a pickaxe.
“I don’t think it was a pickaxe. It was something that was broken,” replied the injured party.
“You both had weapons?” asked Mr McNamara. “Yes,” said the injured party.
The solicitor asked the victim if Edward Harty hit him?
“No,” he replied.
The next person to give evidence was the injured party’s wife. She said Edward Harty did not hit her husband.
An interview with Edward Harty was read out to the court by the investigating garda, Des Buckley.
Edward Harty told gardai he was cleaning out the dogs' kennels with a spade at the back of his house when he heard roaring and shouting.
“Joseph hit him (the victim) with a stick in self defence. On my life I didn’t lay a hand on him (the victim),” Edward Harty told gardai.
Mr McNamara made an application to Judge Carol Anne Coolican for the assault charge against Edward Harty to be dismissed.
“There is no case to answer. All the evidence is he did not hit him (injured party),” he said.
Insp Barry Manton said the State accepted there was no pre-meditation but that he acted in consort.
Judge Coolican dismissed the assault charge against Edward Harty.
The court heard Joseph Harty, who pleaded guilty to three offences, has 20 previous convictions in relation to road traffic offences.
In mitigation, Mr McNamara said his client is a 44-year-old father-of-five, who worked as a scaffolder until he had a heart attack.
“He was fully co-operative with gardai. He realises his mistake - there was no reason to get involved in the altercation. He is deeply embarrassed to be fighting on the street. He has gone around to his neighbours and apologised. It was wholly out of character,” said Mr McNamara, who asked for a probation report.
The case against Joseph Harty was adjourned until January for a Probation Report.