Plumber pleads guilty to punching plasterer in the head in 'scuffle'

A district court judge said she was not seeing genuine remorse in the case of a 48-year-old man charged with assaulting another man.

Frankie Greene of Drimarone, Letterbarrow, Donegal Town was before Donegal District Court on Monday. He pleaded guilty to assaulting Declan McGroary at O’Neill’s Bar, Letterbarrow on December 11, 2020. 

Judge Sandra Murphy said she believed the guilty plea was influenced by CCTV evidence. The judge added that she was concerned that there was no genuine remorse despite an apology expressed through Greene’s solicitor. And she also expressed reservations that the ongoing background situation was not over.

Inspector David Durkin told the court that on the date in question, Mr McGroary was finishing up a plastering job at O’Neill’s Bar in Letterbarrow. Greene, a plumber, showed up to work at the same location. Mr McGroary went to the back of his van.

“When Mr Greene got out of the car he went to the back of Declan McGroary’s van and held him by the neck against the back of the van,” said Inspector Durkin. 

“He punched him a number of times in the head area.”

The victim had scratch marks on his nose, had a torn t-shirt and suffered headaches for a few days. 

Inspector Durkin said that the incident was captured on CCTV.

“It shows Frankie Greene as being the main aggressor,” said the inspector.    “He got out of van and went to the back of Mr McGroary’s and initiated the encounter.”

The inspector added that the incident followed on from a matter that had taken place a few days previously. He said that Greene had made counter allegations against Mr McGroary but these had not resulted in a prosecution being brought against the victim. 

Mr McGroary gave evidence that he had suffered headaches for a few days. He had not attended the doctor at the time due to Covid-19 restrictions. 

“I couldn’t actually make an appointment to go into the dictos surgery,” he said. “That is why I didn’t go. I said I would give it a few days and if they were still there I would go then.”

The victim said he had not suffered further headaches after the initial few days. 

He outlined background issues involving members of his family, and said he just wanted the bad feeling between the parties to be over. Mr McGroary said the ongoing issues were a source of great anxiety to himself and his family. 

Defence solicitor Jim Corbett said his client Frankie Greene was not a violent man and was respected in his community. Testimonials to that effect were handed in to court. 

“When the two gentlemen met on that occasion and it ended up in fisticuffs,” he said. 

“Because of what went on before, when the two men met the whole situation blew up. My client is normally a calm, quiet individual and he just lost the run of that. He has never been in trouble before. 

“He acknowledges that he was the person who started the altercation on that day. He apologises unreservedly.” 

The solicitor appealed to the judge to deal with the matter by way of a charitable donation rather than a criminal conviction. 

Judge Murphy said: “This is an assault that is a criminal charge. I am not here to arbitrate between the two families. 

“Mr Greene has pleaded guilty but there is CCTV footage which is relevant to the guilty plea.

“If this was a once off in relation to the context of the background and Mr Greene immediately felt remorse and went to Mr McGroary and expressed remorse, that would be different. 

“I am not hearing remorse. I am not hearing that this is not over.”

With regard to the appeal for leniency, the judge said: “I accept that the sanction can make these situations worse.

“I am going to put the matter back to allow Mr Greene to put his best foot forward. It is not here today.”

The matter was adjourned to March 28 for finalisation.