DCSIMG

Manorhamilton man gets Probation Act for assault

A Manorhamilton man who pleaded guilty to assaulting a barmaid who refused to serve him alcohol was given the benefit of the Probation Act at a recent sitting of Manorhamilton District Court.

Paul Clancy, Screeney, Loughanas, Manorhamilton faced summonses for an assault at Main Street, Manorhamilton on July 6, this year and threatening abusive and insulting behaviour at Main Street, Manorhamilton.

Garda John Gillen told the court that he arrested Mr Clancy at 11.10pm on July 6, this year. He said there was a strong smell of liquor from the defendant and he was unsteady on his feet. He said that Mr Clancy refused to go home despite requests to do so.

In his evidence Gda Gillen explained that Mr Clancy had entered a premises known as the Central Bar, Manorhamilton and behaved in an aggressive manner towards the barmaid after she refused to serve him alcohol.

Gda Gillen said that Mr Clancy struck the barmaid, Rachel Kerrigan, hitting her just below her right eye. At this point other customers helped to remove Mr Glancy from the premises.

It was noted that Ms Kerrigan did not require medical treatment following the assault.

Defending solicitor Kieran Ryan said there were a number of “very significant factors” in this case.

He said his client had been the driver in a fatal road traffic accident in June 2008. Mr Ryan said Mr Glancy had been charged in relation to this and had pleaded guilty in the Circuit Court on July 14, 2009, some eight days after this offence occurred.

In the Circuit Court Mr Glancy was sentenced to two years in prison with 18 months of the sentence suspended and a lengthy driving ban was imposed.

He said that prior to the fatal road traffic accident his client had never been in trouble with the gardai. “Unfortunately after the accident he couldn’t deal with the guilt. He couldn’t cope and he resorted to alcohol abuse and he has found himself facing this court,” explained Mr Ryan who added that this information was offered in mitigation, not as an excuse for his client’s behaviour.

He said there was now “light at the end of the tunnel” for his client detailing how Mr Clancy was now attending AA meetings and receiving counselling in Castlerea Prison.

“He has asked that I pass on his apologies for his behaviour to the gardai but in particular to express his particular apologies to Rachel Kerrigan, (the victim of the assault)” said Mr Ryan.

Judge Denis McLoughlin directed that the p210 Mr Clancy had in court in relation to another unrelated matter be paid over to Ms Kerrigan as a gesture.

He then found the facts in the assault case proven and applied the Probation Act Section 11. He made a similar ruling on the summons for threatening, abusive and insulting behaviour.


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Tuesday 22 May 2012

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