This article is from page 18 of the 2012-10-16 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 18 JPG
A WEST Clare publican accused of assaulting a customer at his home on a Sunday morning during the Willie Clancy Festival has had the charges against him dismissed
Unemployed bricklayer Kieran Flynn (35) alleged Sean Malone (52) showed up at his home on July 3 (2011), punched him around the head and pulled off his underwear during a 10-minute assault.
Mr Malone, with an address at The Lane Miltown Malbay, pleaded not guilty to the charge of assault causing harm.
The court heard that Mr Flynn had been on a 13-hour drinking session the previous day.
Mr Flynn, who admitted being very drunk, ended the day in Malone’s Bar where an altercation developed between he and Mr Malone’s partner Fiona White.
The court heard that Mr Flynn was thrown out of the bar.
Pointing to a lack of medical evidence, Judge Patrick Durcan dismissed the charges.
He said, “There has to be a doubt in mind and there is. I accordingly dismiss the charge.”
Judge Durcan said he had no reason “not to believe” Mr Flynn’s evidence. However he said this was a case where there was a conflict between the evidence of a drunk man and sober man.
Judge Durcan said that if a man had been “thrashed” in the manner described by Mr Flynn you would expect that medical evidence would have been produced to support that claim.
Over the course of three hours and 35 minutes, the court heard evidence from 11 witnesses including three other publicans in Miltown Malbay.
Mr Flynn alleged that Mr Malone had been “crying with temper” during the alleged altercation, adding that Mr Malone told him that he had insulted his parents on the night previous.
Mr Flynn’s partner, Cora Griffin (26), said he had a “bruised hand and buttocks” when she saw him.
His sister, Annette Cotter, said her brother was “lying on the floor naked from the waist down.”
She claimed there was blood spat- tered on the walls and that her brother was in agony.
A number of defence witnesses said Mr Flynn had been heard in Miltown on the previous day talking about a fight he had been in with another man.
Publicans Martin Flynn (Flynn’s Bar) Gerard Clancy (Clancy’s Bar) said Mr Flynn had been in their bars in the early afternoon on July 2. They said he had blood and scrapes on his knuckles.
Mr Clancy said he advised Mr Flynn to go home and sleep it off. He added, “He’s not awkward. He’s a lovely lad.”
Staff at Malone’s Bar also gave evidence that Mr Flynn was in a “very irritable mood” on July 2.
Ms White said Mr Flynn verbally abused her in Malone’s Bar and pushed her.
Mr Malone told the court that he asked Mr Flynn to leave his premises on July 2 because he was “beyond control.”
Mr Malone said he called to Mr Flynn’s the next morning because he was concerned for his well being. Insp Tom Kennedy said Mr Malone and other witnesses had attempted to “discredit” Mr Flynn.
This was rejected by the witnesses and Judge Durcan who said he did not “quibble” with the evidence given by the publicans.
Defence solicitor Daragh Hassett said evidence had been given that Mr Flynn had spoken of being in a fight with another man on July 2.
He said there were “large doubts and inconsistencies in the State’s case.” Judge Durcan dismissed the charges.