This article is from page 25 of the 2013-05-28 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 25 JPG
A BOUNCER who broke the jaw of a West Clare man outside a pub in Ennis has had the charge against him dismissed.
Colin O’Donoghue (33) denied the charge of assault causing harm to Diarmaid Kelly (23) at Yolo Bar, Abbey Street in the early hours of March 11, 2012.
CCTV footage of the incident shown at Ennis District Court on Wednesday showed Mr O’Donoghue punching Mr Kelly in the face.
Mr O’Donoghue told the court that he lashed out because he feared for his life. Mr Kelly, the court heard, had earlier been ejected from the premises.
The court heard that after a 10minute period during which Mr Kelly demanded to be let back into the pub, he told Mr O’Donoghue;
“I’ve got something in my pocket for you. I’m going to cut your throat.”
Mr O’Donoghue, with an address at 19 Waterside, Cappahard, Ennis told the court that Mr Kelly was very drunk, kept cursing at him and banged his hand on the door behind the Mr O’Donoghue’s head.
Giving evidence, Mr O’Donoghue said, “I thought he had a knife or blade in his pocket. I wasn’t waiting to find out.”
The court heard that Mr Kelly contacted gardaí on March 14 to say that he “thought” he had been assaulted. He said he had received text messages from friends to say he had been assaulted.
Security officer Declan Flynn was working with Mr O’Donoghue on the night.
He told the court that Mr Kelly was very loud, aggressive and intoxicated. He said he heard Mr Kelly making the threat to cut Mr O’Donoghue’s throat.
After the punch was thrown, Mr Flynn attended to Mr Kelly.
He said he brought him a glass of iced water. He said Mr Kelly got back on his feet and walked away with a friend.
Mr Flynn added, “He seemed dazed and confused. I asked him if he needed an ambulance and he said he didn’t.”
Under cross-examination from defence solicitor John Casey, Mr Flynn said Mr O’Donoghue had a “non-aggressive” stance and kept his hands by his side while Mr Kelly demanded to be let in.
Mr O’Donoghue told gardaí that hit Mr Kelly to protect himself.
Staff from the nearby Queens nightclub and Front Bar gave evidence that Mr Kelly had earlier been ejected from the premises for being a nuisance and “squaring up to people.”
Mr O’Donoghue apologised for the injuries suffered by Mr Kelly. He claimed that Mr Kelly told him he would “get him and the pub.”
Mr O’Donoghue said Mr Kelly has passed the pub on several occasions since the incident, “making gun gestures.”
Under cross examination from Inspector Tom Kennedy, Mr O’Donoghue said he had never been assaulted in 14 years working as a doorman.
He added, “At the time I thought my life was in danger and I struck him.” Solicitor John Casey said his client “reacted in full defence of himself.”
He added; “This wasn’t a concentrated assault.
“It was one punch.”
Judge Aingeal Ní Chonduin dismissed the charge of assault against Mr O’Donoghue.
Mr Kelly, with an address at 6 Kilrush Road, Cooraclare, was convicted of provoking a breach of the peace arising out of the same incident. He denied the charge.
He has no previous convictions. Mr Kelly was ordered to pay € 300 to the court poor box within two months. Judge Ní Chonduin said;
“He was the author of his own misfortune, very clearly.”