Judge dismisses assault case in Tullamore direct provision centre

THE case of a man accused of assault causing harm in the Marian Hostel, High Street, Tullamore, was dismissed by Judge Andrew Cody at Tullamore District Court.

Before the court was Kosi Homavoo (47) who has been living in direct provision at the hostel for the past three years. Another resident Bekezela Kubane had accused Mr Homavoo of assaulting him.

In his evidence Garda Shannon said that on December 29, 2020, Bekezela Kubane reported he had been assaulted in his room at the hostel. There was blood around his mouth and a tooth was missing.

He went to Tullamore hospital the next day and he made a statement of complaint to Tullamore Garda Station. He also signed a statement giving gardai permission to get a medical report.

Gardai called to the Marian Hostel and the defendant Kosi Homavoo agreed to make a voluntary statement at Tullamore Garda Station. He also received a medical report from Tullamore hospital.

In his evidence the injured party, Bekezela Kubane, who is from Zimbabwe, said he came back to the hostel at 9.30 on that particular morning, having completed a night shift in Dublin where he works. He said the defendant accused him of making noise and he called him names.

He said Mr Homavoo punched him in the left eye and he had hit him back. There was a third person in the room who said he didn't see anything.

The defendant Mr Homavoo claimed that Bekezela Kubane, had started the fight. He admitted he didn’t make any complaint to the gardai about being hit.

Taking the stand the injured party Bekezela Kubane said on the morning of the alleged assault, just as he got back into the room that he shared with the defendant and one other person, he received a phone call.

Mr Homavoo accused him of making noise. Mr Kubane told Mr Homavoo that he was always playing music himself, but he had never said anything to him. Mr Homavoo then said ''can you leave the room quickly before I do something to you.'' Mr Kubane said ''suddenly he grabbed me.''

The third person in the room woke up and asked what are you doing. To my thinking I didn’t do anything, said Mr Kubane.

The third man told the receptionist, and afterwards I called my brother, said Mr Kubane. He said he went to the police station and they called an ambulance and he was taken to the hospital. He has since had his teeth repaired.

Solicitor Donal Farrelly put it to Mr Kubane that he had made a phone call and Mr Homavoo had asked him to go into another room to make the call, but he had continued talking on the phone.

Mr Farrelly suggested that it was the Mr Kubane himself that had thrown the first punch and the defendant had been acting in self defence.

Mr Farrelly said the defendant, who was from Togo, had been living in the hostel for three years. He was anxious to do well in this country and get ahead.

Judge Cody said there was a conflict as to what really happened. You had three people in a room all trying to better themselves. They didn't get along, the defendant played music and the third party was on the phone. He said with three people in a room it is inevitable there will be conflict. He said both appeared to be decent men and he admired that the injured party was working.

However, he said there was no independent witness and because of this he had a doubt and he dismissed the case.