This article is from page 15 of the 2009-10-20 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 15 JPG
A TENSE, volatile and hot-temper- ed atmosphere prevailed during an early-morning incident at the Match- making Festival in Lisdoonvarna, a court has heard.
Arising out of an incident during the festival last year, Fergal Ney- lon, of Laghtagoona, Corofin, was charged under the Public Order Act.
Garda Sean Buckley told Ennisty- mon District Court that a large group of people were involved in an alterca- tion, on September 27, 2008. One of those, the accused, was not clothed from the waist upwards and there was blood on his face and chest.
“T asked him what happened. He was reluctant to tell me. He had a cut above his eye. There was a lot of blood on his face and chest. He kept saying, “He’s going to get it.’ I took that as looking for a fight from another member of the public,” said Garda Buckley.
The garda told Mr Neylon that if he was found acting in a similar manner again, he would be arrested and he was directed to leave the area.
It was broken up and the garda said that a short time later, he spotted Mr Eure
“He appeared to be intoxicated. He was being restrained by a group of his friends. He was taken across the road outside the car park. He was shouting in towards the car park,’ he said.
““T believe if this continued, another fight would have occurred. The at- mosphere that night was very hot- tempered,’ said the garda. He said he arrested Mr Neylon at 3.05am. “He was highly intoxicated and he was acting in a manner that was threat- ening towards other members of the public,” he said.
Defence solicitor Eugene O’Kelly, however, said his client would “dis- pute completely” what the garda had said. The court was told that three men were arrested that night and Mr O’Kelly submitted, “I believe he (the garda) has mistakenly identified my client. It seems that two other people came to the attention of the gardai.” However, Gda Buckley said, “There
was no mistake as to the identity of either man. . .There is no dispute whatsoever as to who Mr Neylon ior
Detective Superintendent Gabriel O’Gara, who was also at the scene that night, said, “There was a lot of to-ing and fro-ing” in the car park.” He said his attention was drawn to the accused, who, he said, “had blood on him and was highly intoxicated and highly agitated”.
“It was very tense. It was very vola-
tile. A large number of males present were all very intoxicated,’ he said. He said from his observations, Mr Neylon’s intention “appeared to be to breach the peace and also to entice others to get involved. . .He remind- ed me of a person you would see out on a Saturday night, highly intox1- cated, shirt off, chest out, blood all over him. This was the man who was going to solve everyone’s problems.” Fergal Neylon told the court that he had not consumed a lot of alcohol
that night. He said that after he left the Hydro hotel, he had been struck and knocked to the ground, where he had been kicked and beaten. He said he told Garda Buckley that he had been beaten up and he was directed to leave the area.
““T was obviously agitated and prob- ably concussed from being kicked. I had no top on because it had been pulled off me while I was on the ground being beaten,’ he said.
‘“T was agitated with the guards for
being arrested, because I was the victim of an assault, but I was not ag- gressive,’ he added. He denied that he was highly intoxicated.
After hearing the case, Judge Joseph Mangan said he would have to consider the evidence and adjourned making a ruling until next month.