Delivered kick on bicycle

A PORTLAOISE man already serving a sentence has been given extra jail time for assaulting a man outside a shop in Kilminchy Village.

A PORTLAOISE man already serving a sentence has been given extra jail time for assaulting a man outside a shop in Kilminchy Village.

Clive Greene, of 27 O’Moore Place, Portlaoise, pleaded not guilty to assaulting Mr Seamus Kane in Kilminchy on September 8 last year.

At last week’s district court, Garda Niall Byrne gave evidence that he met with Mr Kane in Kilminchy at 8.55pm on the night, with Mr Kane informing him that he had just been assaulted by a group of people. Garda Byrne said that Mr Kane was able to name his attackers, one of whom was Clive Greene.

The garda said that he went into the nearby O’Gorman’s Pub to speak to the owner about the incident, and while there he was able to see the bar’s live CCTV screen which showed what was happening outside. Garda Byrne said that as he was talking to the owner, he saw a person cycle by outside and kick Mr Kane. After confirming with the owner that what he was watching was live, Garda Byrne chased after the person on the bike and discovered it was Clive Greene.

Garda Byrne said he directed Greene to leave the scene and did not arrest him on the night.

The court heard that the CCTV footage as seen by the garda was not present in court, as the footage had been incorrectly recorded.

Solicitor for Greene, Ms Josephine Fitzpatrick said the absence of the CCTV footage presented difficulties for defence. She also pointed out that her client’s brother, Justin Greene had already pleaded guilty to the assault on Mr Kane.

“My client will say he wasn’t present for any assault, he says he had no part in it,” Ms Fitzpatrick said.

The injured party gave evidence.

Seamus Kane said that when he left the shop in Kilminchy he was assaulted by Clive, Justin and John Greene.

“Clive punched me in the stomach and kicked me,” he said. “He struck me four or five times. I had a pain in my stomach.”

Mr Kane said he didn’t know why Greene had done this. He told the court that prior to the assault he had to phone his sister from the shop to tell her he couldn’t leave as the Greenes were waiting for him outside, so she came down and met him.

Ms Fitzpatrick pointed out that Justin Greene had pleaded guilty to the assault and John Greene had been cautioned, but Clive Greene denied being involved. She told Mr Kane that he was mistaken about her client’s part in the assault.

“He did do it,” Mr Kane replied.

Mr Kane’s sister, Ms Delores Hartford gave evidence.

Ms Hartford said she got a phone call from her brother saying he was having “trouble with the Greenes”. She said that when she arrived at the shop she saw the three Greenes outside, and when Mr Kane left the shop the three of them jumped him and began punching and kicking him. She said that her brother had to run into the nearby chip shop and the Greenes went in after him, “roaring at the chipper men”.

“I told them to leave him alone but they wouldn’t,” Ms Hartford said.

Clive Greene took the stand. He told the court that he had been in Kilminchy on the night bringing his girlfriend home. He admitted being on the back of a bicycle, but denied kicking Mr Kane and denied being involved in the assault.

After hearing all the evidence, Judge Catherine Staines ruled that she was convinced an assault had been committed and she sentenced Greene to six months. Recognizance was fixed in the event of an appeal on Greene’s own bond of €100, with an independent cash surety of €200.