Tipperary man is convicted of assault that left victim needing staples to his head

A Thurles man has been found guilty of assault causing harm by a jury at Nenagh Circuit Criminal Court.

Edward O’Reilly of 15 Inishfallen Avenue, Thurles had pleaded not guilty to the offence and to production of an article in the course of a dispute at Stradavoher, Thurles, on September 4, 2021.

The court heard that his victim Robert Carey, needed 13 staples to his head following the assault and suffered injuries to his arms.

Mr Carey told the court that he had returned from his son’s tenth birthday that evening and had gone to a local shop where he met two young children he knew. They showed him a new slingshot they had got. He knew one of them was barred from the shop so he went inside and bought ice-cream for them.

On his way back home, Mr O’Reilly walked past him and asked for a cigarette. Mr Carey told him he didn’t smoke and, he said, Mr O’Reilly went towards his house but came back and looked like he was going to take his top off and was “sticking out his chest”.

He asked Mr Carey if he was “being cheeky” with him. However, Mr O’Reilly left and went towards a laneway leading to Stradavoher Park where he picked up a long branch and ran towards him.

Mr Carey said that Mr O’Reilly was swinging the branch and hit him around 15 times. He tripped and Mr O’Reilly hit him to the head.

Mr Carey said he ran away and rang the gardaí. He was treated by paramedics and brought to hospital where he received 13 staples to his head.

“I am an epileptic and the last thing I need is a blow to the head,” he told the court.

Pádraig de Búrca, BL, for Mr O’Reilly, said that his client’s version of events was that Mr Carey had been drunk.

“I don’t drink. I am on medication,” he said.

Mr de Búrca put it to Mr Carey that he had followed Mr O’Reilly up the laneway and that Mr O’Reilly had asked him why he was following him and if he was threatening him.

He further put it to him that he and Mr Carey had traded insults and that he had punched Mr O’Reilly, who then punched him back and that Mr Carey had fallen and hit his head against a galvanised gate. He also put it to him that Mr O’Reilly’s partner had told him to get away from their house.

Mr Carey said Mr O’Reilly’s account was “definitely wrong”.

Anthony Murray of Thurles Ambulance Service outlined how he had treated Mr Carey for an open wound on his forehead and blood trickling down his face.

Garda Cian Hennessy, Thurles Garda Station, said that he investigated the incident and took a statement from Mr O’Reilly in which the defendant admitted punching Mr Carey, but that it was in self-defence.

Mr O’Reilly had claimed that Mr Carey had been “stone drunk” and he could “smell drink off him”.

Garda Hennessy told Mr de Búrca that he had not preserved any crime scene as there wouldn’t be the garda manpower in Thurles if you wanted to preserve the scene of every alleged assault.

Hannah Doyle, who was Mr O’Reilly’s partner at the time, told the court that she was in her kitchen when she heard a commotion and saw Mr O’Reilly come in the back gate and Mr Carey followed him. She said Mr Carey was calling Mr O’Reilly names and refused to leave the backyard.

She said he was either under the influence of drugs or drink.

“He hit Edward on the nose and Edward punched him back,” said Ms Doyle.

She said that Mr Carey fell to the ground and when he went back outside he refused to leave.

She then contacted the gardaí.

Under cross-examination by Jane McCudden, BL, for the State, Ms Doyle said that Mr Carey had come on to her property and Mr O’Reilly had told him to leave.

Mr Carey had struck Mr O’Reilly and Mr O’Reilly had struck Mr Carey once, she said.

Ms Doyle said that she saw no blood on Mr Carey and had seen no harm caused to him.

She said the bruises on his arm could be from banging her gate.

Summing up, Ms McCudden told the jury that the case was essentially that of an alleged assault causing harm.

Mr de Búrca contended that Mr O’Reilly had been protecting himself, no weapon had been produced and no crime scene preserved.

Following over two hours of deliberations the jury returned a verdict of guilty of assault causing harm and not guilty of producing an article in the course of a dispute.

Judge Staines remanded Mr O’Reilly on continuing bail and adjourned the case to October 3 for a victim impact statement and a probation report.