Man cleared of affray in Laois

A man who was fighting another man on the street in Mountmellick has been found not guilty of affray. 

Kevin Moylan, 29, of 121 Hillview Drive, Knockmay, Portlaoise was charged with affray at College Avenue, Mountmellick on May 29, 2022. 

Garda Sergeant JJ Kirby told a sitting of Portlaoise District Court that a report had come in about a fight in Mountmellick. 

“Two men were fighting with their tops off at College View, an apartment complex at College Avenue,” he said. 

He said CCTV was obtained and the defendant and the other man were identified. 

Garda Donal Bigley said he had been aware the defendant was in custody in relation to another matter. He interviewed the defendant who exercised his right to remain silent. 

Garda Stephen Lynott explained that he knew there would be CCTV from an apartment complex. He said the incident had occurred in a public place. 

Solicitor Michael Byrne said it appeared people were just looking on “as if this is some type of entertainment” and he noted one man was filming the incident. He suggested it was a “playful” interaction.  

Garda Lynott said there was nothing “playful” about the incident and he had approached the man with the camera who declined to make a statement. 

The CCTV was played in the court. It showed the accused walking along a path with a female. He is approached by a male and a fight breaks out. The fight continues on the road and both men are topless. An observer can be seen filming the altercation on their phone from the path.

After the CCTV was viewed, Mr Bryne said his client had no case to answer. He claimed there was no evidence that the incident would cause a reasonable person to have fear for their safety. 

“One person is so relaxed he is taking a video with his phone,” said Mr Byrne. 

Judge Cephas Power said it would be “borderline ridiculous” to claim the average person would not be alarmed by such behaviour in public. 

However, he said he was more concerned with whether the defendant had an opportunity to retreat from the fight. 

Garda Lynott said an aggravating factor was the “boxing stance” and the fact that there were “two lads fighting with their tops off on the street” in broad daylight. 

Mr Byrne said his client was “walking away” and “minding his own business” and was approached by the other male. 

Judge Power said it did appear that the defendant was acting in self defence at the beginning. 

“I have to give him the benefit of the doubt as to whether or not he is acting in self defence,” he said. He dismissed the charge of affray.  

The defendant, who is serving a prison sentence and is due to be released on April 13,  admitted to breaching the Covid restrictions at O’Connell Square, Mountmellick on March 4, 2021. He also admitted being intoxicated and abusive at Main Street, Mountemellick on March 18, 2022. 

Mr Byrne said his client was pleading guilty to the offences. He said the man was addicted to alcohol and tablets at the time of the offending. He said his client was now drug free and very reasonable. 

“He was a totally different person,” said Mr Byrne. 

The man, who previously worked as an assistant manager at Supervalu, was apologetic, said Mr Byrne.

Judge Power imposed a two month sentence from the date of the court appearance for being threatening and abusive. He took the other offences into consideration.