Assault accused found not guilty
IDENTIFICATION UNRELIABLE
A DROGHEDA man accused of assaulting a bar worker as he walked home after work has been found not guilty of assault causing harm after a two-day trial at Dundalk Circuit Court.
Colm Beatty ( 24), whose address was given as 27 Crescent Tredagh View, Drogheda, denied a charge of assault causing harm at Trinity Street on April 24th 2010.
The alleged victim told the jury how he had been working in a friend's pub earlier in the night and was bringing a takeaway Chinese to another pal's house in Mell when he saw a couple arguing near the Star Bar.
The complainant said he pretended to be texting on his phone to avoid eye contact when he heard the man shouting: 'What are you looking at?'
A second later, he was boxed from behind a number of times which resulted in his jaw being broken in two places.
The complainant said he saw the attacker go over to the Star Bar and
talk to bouncers, but he didn't know whether he went inside or not.
The complainant phoned the Gardai who arrived and took his details and he went to his friend's house and from there, to Our Lady of Lourdes Hospital in Drogheda.
He was transferred to St James's Hospital where his jaw was wired and he had two operations. He said he still gets pain in his right jaw, especially in cold weather.
number of months later, the complainant was contacted by Gardai and was taken to Ballsgrove Post Office. In a car parked outside, the complainant was asked to see whether he could identify his attacker.
He watched for nearly an hour and pointed out a man to officers, who went inside to speak to him.
Gda. Cormac Corcoran gave evidence that he was on the assault scene within minutes and spoke to the complainant.
Gda. Corcoran said he had initially investigated the incident but was later transferred to another station.
He could not remember whether he had obtained CCTV footage from the Star Bar.
He admitted 'not being able to find' his notebook, containing details of the investigation.
Gda. James Haughey took over the case and said he approached all the Trinity Street premises for CCTV, but couldn't recall if the Star Bar was approached, or if door security staff were interviewed.
In directing the jury to find the accused not guilty, Judge Michael O'shea said the case boiled down to identification and while the complainant was 'a very decent man who gave his evidence very truthfully', he didn't see his attacker's face or any other distinguishing feature and the identification was unreliable as the attacker was unknown to the alleged victim.
Judge O'shea was told there was nothing further against the accused and he was told he was free to go.
