A man who assaulted his brother-in-law’s neighbour and smashed a window with a golf club following an altercation while drunk has been given the benefit of the probation act.
Gary Cullen, 60, 27 St Aongus Green, Tallaght, Dublin 24, was charged with assault, and criminal damage, at 19 The Green, Kilminchy, Portlaoise, on August 27, 2017.
When the case first came before the court last November, Detective Garda JP O’Brien gave evidence that on August 27, 2017, the accused was visiting a friend when an altercation began between the accused and the injured party, who were known to each other.
The accused was intoxicated and verbally abusive and he attempted to hit the injured party, but was unable to do so.
The injured party went into his house and attempted to close the door, but the accused place his foot in the doorway and pushed the other man, then punched him more than once.
Det O’Brien said the accused also used a golf club to smash a window.
The injured party sustained bruising only.
Defence, Mr Philip Meagher said the accused had been visiting his former brother-in-law and casually knew the next door neighbour. His brother-in-law is in a wheelchair and the neighbour brings him in food, and on the day the accused was outside while the other man was watering his garden.
The accused made a remark to the man thanking him for looking after the accused’s brother-in-law, but for some reason the neighbour took umbrage and one word followed another until the accused entered his garden.
The accused flailed out, but missed and fell, said Mr Meagher.
Judge Catherine Staines adjourned the case for a restorative justice report and victim impact report.
When the case returned to court last week, Mr Meagher said his client had paid €80 compensation and made a donation of €100 to a Portlaoise charity. He had also written a letter of apology.
Judge Staines noted that the accused had cooperated fully, apologised and paid compensation.
As the accused had no previous convictions, Judge Staines applied the probation act, section 1.1.