Man convicted of assault said the arresting garda took issue with him

A Thurles man has been convicted of assault despite the victim contradicting the garda evidence.

Ned Reilly (50) of 9 Innisfallen Avenue, Thurles, was convicted of a Section 2 Assault at Wolfe Tone Place on December 12, 2021.

The case was before Judge Elizabeth MacGrath at Thurles District Court (pictured below) on Thursday.

On the stand, Garda Billie Lynch gave evidence that on the evening of December 12, 2021, he was driving onto Westgate from Liberty Square.

As he passed Wolf Tone Place, he heard an altercation between two people known to him.

He said he observed Mr Reilly punching a woman in the head and body approximately four to six times. She was shouting for him to stop.

Garda Lynch said he intervened and Mr Reilly told him to “f*ck off and mind his own business”.

Garda Lynch arrested Mr Reilly for assault and the verbal insult.

Garda Lynch said that when he followed up with the victim later, she declined to make a statement.

Solicitor for the accused Colm Morrisey asked Garda Lynch if the victim had told him she had been injured earlier in the evening.

Garda Lynch said that was the first he was hearing of a prior injury, but it was obvious something more had happened.

SEEING THINGS

Mr Reilly told the court that the charge was incorrect. He said he had a few drinks but was not intoxicated.

He did not assault the victim, nor did he insult the guard.

He stated that it would be out of character for him. He said the victim had a bloody nose, and he was wiping away the blood.

She had pushed his hand away and told him to stop.

He said the guard misinterpreted the interaction and took issue with him.

“He thought he saw something he didn’t see,” said Mr Reilly.

He also said the guard could not have heard what happened in a moving car.

PRESUMPTION

The victim in the case confirmed Mr Reilly’s series of events. She said she had sustained an injury earlier on in the evening in a scuffle in a bar. She said Mr Reilly had been wiping blood from her lip and she pushed him away.

“Nothing happened.

“He was only wiping my lip,” she said.

She also stated that the guard “presumed” she was being assaulted and had become aggressive with Mr Reilly.

When asked by the prosecution if this is what she told the guard at the time, she said she had only declined to make a statement.

CREDIBILITY

Judge MacGrath noted the observations of Garda Lynch and that his evidence was disputed by both the defendant and the victim.

However, the judge said it “came down to credibility”, and the guard had no reason to lie.

Mr Morrisey told the judge that his client and the victim had been in a relationship, there was no history of violence, and they were on good terms.

The judge sentenced Mr Reilly to two months in prison, suspended for 12 months.

She also handed Mr Reilly a fine of €200 for the public order offence and gave him six months to pay that. He was released on his own bond of €250 with conditions attached.