This article is from page 18 of the 2011-07-26 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 18 JPG
A MAN who was involved in a “one punch” incident in Shannon has been given one chance by a judge.
Jason Lynch (22), of Kincora Apartments, Shannon, was accused of assaulting David McKee at Shannon Town Centre.
Mr McKee told Ennis District Court yesterday that he was out socialising in Shannon on November 21, 2010.
He left the Knights Bar at around 2.30am and was walking home with two others when an incident occurred.
He said he saw two males walking along a roadway near Darcy’s Bar in the town centre “and they stood right in front of me. I thought one was my cousin”.
“I remember saying, ‘Sorry, I thought you were my cousin’; maybe not in those exact words,” he said.
He said that he was then punched in the face.
He said he didn’t know the name of the man who had punched him, but when asked to identify him, he pointed to the defendant in the courtroom.
“I received a black eye and broken tooth. I received a good bit of dam- age,” he told the court.
However, defending solicitor Jenny Fitzgibbon put it to Mr McKee, “My client will say you egged him over.”
She added, “Your left hand went into your pocket as if to reach for something. My client felt threatened and in self-defence he hit you one slap.”
Mr McKee replied, “I had my two hands in my pockets. My hands stayed in my pockets throughout my whole walk.”
Garda Lynsey Nason told the court that the defendant admitted to gardaí that he had hit Mr McKee, but said it was out of self defence.
The accused told the court that he was walking home that night and was about to walk into the building where he resides when he heard a voice and then saw three men.
He said he saw Mr McKee reaching into his pocket. “He said something like, ‘I have something for you’,” he said.
“I hit him out of self-defence. I was frightened,” he said.
Inspector Tom Kennedy, prosecuting, put it to the accused, “You deliberately approached Mr McKee and you hit him into the face.” He denied this.
Judge Olann Kelleher said, “I have no hesitation in convicting this man.”
The court was told the accused had two previous convictions for assault.
The judge said he would give the accused one chance. “I’ll give him a chance. It was a one-punch event,” he said.
He imposed a four-month jail term, suspended for two years.
Addressing the defendant, he said, “It’s up to yourself what you want to do.
“If you are involved in any other incident in the next two years, you will serve four months. I’m giving you one chance.”