A CASTLETOWNBERE man who appealed a district court conviction and prison sentence for an alleged assault walked free from Bantry Circuit Court.
In evidence for the State, Gerard Harrington claimed he was out walking his dog at Tallon Road on the evening of January 13th 2020, when he saw David Hurley of Main Street, Castletownbere, approach him ‘at some speed’ in his car.
Harrington alleged that David Hurley ‘turned the wheel’ and his wrist was injured after it was struck by the mirror of the car.
Gerard Harrington said David Hurley turned his car and came back, so he stepped into the driveway of a neighbour, Michael O’Neill.
He said the appellant approached him with a tyre iron, struck him in the shoulder, and stood over him after he had fallen to the ground and said, ‘I will be the last f**king thing you see alive.’
A statement was made to gardaí, and the witness went to his GP complaining of bruising and injuries to his wrist, shoulder and his leg.
Barrister Brendan Kelly, instructed by solicitor Dan Leahy, put it to the witness that it was he who struck the car with his hand, but Gerard Harrington denied this.
He denied an accusation put to him by Mr Kelly that he constantly besets David Hurley. Gerard Harrington also denied that he has behaved antagonistically towards the appellant for years.
Mr Kelly referred to ‘an unfortunate history’ to the case and put it to Harrington that he had told the gardaí and the court falsehoods. Harrington refuted the allegation.
In evidence in his own defence, David Hurley said he was driving at no more than 15mph because Tallon Road is a boreen. As he was passing, he said Gerard Harrington hit his car with a bang.
David Hurley admitted getting out of the car because he was cross and that he engaged in ‘a shouting match’ with Gerard Harrington in a driveway leading to Michael O’Neill’s home.
He denied assaulting the witness.
Michael O’Neill was called to give evidence. He said he saw the outside lights come on and he went out to see what was happening.
The witness said he heard the two men exchanging words but he did not see any assault, nor was there a tyre iron in David Hurley’s hand.
In summing up, Judge Helen Boyle noted there was just one independent witness in a case that offered two versions of events.
The judge said there was insufficient evidence to prove the criminal case beyond a reasonable doubt and she allowed the appeal.
In the district court, a six-month sentence, suspended for five months, had been imposed, but the accused immediately lodged an appeal against the ruling.
