Assault as a result of 'Juvenile behaviour' is heard by Longford Circuit Court

“It beggars belief that men of this age could engage in such behaviour,” Longford Circuit Court Judge Kenneth Connolly said of a drunken assault that happened over a game of pool.

The judge was hearing the case against Stephen McInerney (43) of Cullyvore, Edgeworthstown who was sent forward to the Circuit Court having signed a plea of guilty in the District Court.

State prosecutor, Shane Geraghty BL, outlined the details of the matter before the court. He said on Saturday, June 17, 2023 the victim, Peter Donoghue (58), was having a few drinks in the Goldsmith Inn, Edgeworthstown.

While there he saw his neighbour Stephen McInerney, along with his step son, Karl, who were celebrating the end of the Leaving Certificate exams. The McInerneys were playing pool.

Mr Donoghue asked to join them and first played a game against the young man and after with Stephen McInerney.

When the game came down to the black ball there was a disagreement over whether it was “stick pocket”.

Mr Geraghty said the disagreement continued after the game and the victim said Mr McInerney was “mouthing at him” up until the bar closed. Mr Donoghue handed the cue to the bar owner and headed home at 2:05am.

When confronted outside by the accused he said: “Leave it out, I don't want to be arguing in the street, we can talk about it at home.”

The victim then drove home and parked in his driveway and waited in his car. When Mr McInerney, who lives opposite Mr Donoghue, got back he pulled into the victim's driveway.

The defendant got out of his car and went over to the driver's window and started talking to his neighbour. The court was told the discussion was about the rules of pool and it was stated that Mr Donoghue said they had been playing for fun, but added:

“I will play you for money in the future.”

When Mr McInerney called him a cheat the victim reversed his car a little, then got out and went into his house. He then came back out and approached the car with his hand behind his back.

The court was shown dash cam footage from Mr Donohoe's car of the interaction outside his house.

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Investigating Garda Tom Neary talked the judge through the video of the incident. He said that although the headlights of Mr McInerney's car obscure the picture, details of the assault were still visible.

Garda Neary said it was possible to make out five punches Mr McInerney inflicted on Mr Donoghue as the assault unfolded.

It appeared that the altercation stopped when the victim's partner, Martina Ledwith, came out of the house and shouted at Mr McInerney to stop.

Ms Ledwith called the ambulance and Mr Donoghue was brought to the Longford Westmeath Hospital in Mullingar when he was held overnight, before being sent to the Eye and Ear Hospital on Adelaide Road, Dublin. The victim sustained a fractured eye socket as well as sore ribs.

The statement from Ms Ledwith described her recollection. She said that at 2:25am she heard voices outside and looked out from the upstairs window: “I saw Peter lying on the ground, and another man in shorts and t shirt. He kicked Peter when he was on the ground. I ran out the back door and shouted. I didn't think it was serious until I saw Peter's face.”

The witness statement said Karl McInerney helped Mr Donoghue up and rang an ambulance.
Garda Neary told the court that in an interview Mr McInerney admitted being intoxicated. He alleged Mr Donoghue came onto his property, but the video showed this did not happen.

He said after the disagreement in the pub over the pool game Mr Donoghue said he wanted to race home. Initially Mr McInerney said he was dropped home, but later admitted driving, saying he didn't want to admit it “for fear of getting into trouble”.

He alleged Mr Donoghue said he wanted to fight him on the grass, and he refused, but when the victim started “pulling at Karl” he intervened. He also alleged Mr Donoghue “swung a punch and missed”.

Garda Neary said this was not clear from the footage. Mr McInerney also alleged the victim had a gun, but a review of the footage showed Mr Donoghue did not come out of the house with a gun, but he did have his hand behind his back.

“He came out with his hand behind his back, he said he was going to shoot. I made a decision to fight him and not to let him back up. It was one of these things that was unavoidable. I didn't intend doing that to him,” Mr McInerney said in his interview.

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Garda Neary told the judge the victim is a licensed firearms holder. In the course of the investigation the superintendent of Longford Station impounded Mr Donoghue's guns, but returned them to the owner.

The voluntary caution statement by Karl McInerney recounted details of the night. The statement said: “Peter kept coming over to us in the pub after the game of pool and going on about the black ball.”

He said of the altercation in the driveway of Mr Donoghue's house the victim was saying “personal things”. He alleged that: “Peter hit dad to the chest.”

In his statement Karl McInerney also alleged the victim said “I'm going to shoot you,” before running into his house, then came out with his hand behind his back.

Mr Donoghue requested that his victim impact statement not be made public, however Judge Connolly ruled that only one aspect of the statement should be omitted.

Mr Donoghue outlined the significant injuries he sustained, the medical treatment he required and the impact it had on his work and life.

Judge Connolly said it was apparent both parties were intoxicated and drove home, and asked if they were prosecuted. Garda Neary said there was an issue about the amount of time that had passed before the alleged drink driving happened.

The judge said if he was in a position to hand out an ancillary disqualification he would do so, adding: “If I had any possibility at all I would have disqualified both of them.”

Counsel for Mr McInerney, Niall Flynn BL, asked the judge to consider certain matters that were apparent in the video. He noted that Mr Donoghue chuckled when Mr McInerney pulled into the driveway.

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He said the reversing of the car to capture the interaction on the dash cam, and the gesturing with his hand “ready to go” by Mr Donoghue indicated a readiness for a fight. Mr Flynn described the “juvenile behaviour that got out of hand over a game of pool”.

Other factors the barrister asked the judge to consider were that Mr McInerney had never come to Garda attention before this and had signed a guilty plea before the matter came before the Circuit Court.

Mr Flynn said although his client had recently left work because of health issues, he had managed to save €1,500 as “a token of remorse”.

Judge Connolly described the matter as a “nasty incident” that resulted in “significant injuries” and said both parties had a “significant amount of alcohol”. The judge said it appeared that although Mr McInerney did initially tell a lie about getting lift home, he appeared to be honest and forthright after that.

The judge noted the defendant showed remorse in his interview, and although “not a man of bad character”, his actions were “childish”.

“I am displeased by all of the behaviour, including the injured party, but he did not deserve to be beaten and sustain the injuries. One would not expect it of someone in a school yard,” Judge Connolly said.

Noting that Mr Donoghue was assaulted a number of times and “pummelled to the face” resulting in hospital treatment the judge said Mr McInerney was criminally culpability and the assault could attract a sentence of five year for the “strange sequence of events”.

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Judge Connolly said although Mr Donoghue should have stayed in his house when he first exited his car he could not condone this type of behaviour where the “level of violence is quite stark”.

The judge added: “It beggars belief that men of this age could engage in such behaviour. It's utterly disgraceful.”

He said the fact that Mr Donoghue agreed to “some sort of nonsense” did not entitld Mr McInerney to inflict such significant injuries that he required treatment in Mullingar MRH, The Meath Hospital and St James Hospitals.

Describing it as a “classic example of drink in wit out” the judge set the headline sentence at two years and four months, adding that “men of this age should know better”.

He proclaimed that though Mr McInerney had shown remorse to the victim it was “not enough in the eyes of court”.

“Although Mr Donoghue should not have come out of the house a second time, he did not deserve what was meted out to him,” Judge Connolly said.

Adjourning the matter to May 7, 2025 for finalisation the judge sought a community service report and an up-to-date medical report.

Judge Connolly indicated he considered remanding the defendant in custody pending sentence, but would allow Mr McInerny his liberty to increase the compensation for the victim.

He said he expected the defendant to have €5,000 in court as a token of remorse, adding: “At that he will be getting off lightly. He may have his bags packed on that occasion.”

He asked the prosecution to canvas with the victim if he was willing to accept the compensation, if he was not the money would go to charity.