This article is from page 17 of the 2012-11-06 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 17 JPG
A MAN has received a suspended sentence for a “road rage” type incident in Ennis earlier this year.
Wayne Donnellan (31) struck Denis McElligott (53) during an altercation at Carmody Street, Ennis, on January 3. Mr McElligott said that Mr Donnellan had cut him off at high speed when driving through the Maid of Erin Roundabout.
The court heard that Mr McElligott got out to talk to Mr Donnellan after both cars were stopped at traffic lights near the old ESB offices on Carmody Street.
Mr Donnellan, with an address at Fiach Rua, Connolly, denied the charge of assault causing harm at Ennis District Court on Wednesday.
Mr McElligott told the court that he got out of his car to tell Mr Donnellan to slow down. He said, “All I remember is getting a belt of fist. He was dragging me to the other side of the road.” A witness, whose car was stopped behind, told the court that he saw Mr Donnellan strike Mr McElligott and drag him across the road.
Both parties made statements to gardaí on the same day. Mr Donnellan told the court that his pregnant girlfriend and two other children were in the car with him.
He denied cutting Mr McElligott off, saying that his car had not en- tered the roundabout when Mr Donnellan drove through. Mr Donnellan said that when he stopped on Carmody Street he could see Mr McElligott gesturing at him.
He said, “He was yelling, screaming. He wasn’t in a good state of mind to talk about anything.” He told the court he got out to talk to Mr McElligott to “protect his family”. Mr Donnellan denied punching the victim but admitted slapping him in the ear. He said that he dragged Mr McElligott to the other side of the road for his own safety. “I was just worried about getting my family home,” he added. Insp Tom Kennedy put it to Mr Donnellan that he had “behaved in a road rage type manner”.
Mr Casey said there was a conflict between the evidence of State’s witnesses. Judge Aeneas McCarthy said he was satisfied, based on medical evidence handed into the court, that Mr Donnellan had assaulted Mr McElligott. The court heard Mr Donnellan has a previous conviction for assault. Mr Casey said his client had not initiated the contact.
“He is stronger, younger and he hit the man,” he added. Mr Casey described it as an “extremely unfortunate incident.” Judge McCarthy imposed a 10-month sentence. He suspended it for a period of two years on condition Mr Donnellan be of good beahviour.