Leitrim court hears not sufficient evidence to convict brother and nephew of assault

Charges of assault against a father and son were dismissed at Manorhamilton District Court on February 8 after Judge Sandra Murphy found there was “not sufficient evidence” to convict.

The case brought by the state alleged that Joseph Cullen was assaulted at Knocknaclassagh, Glencar, Co Leitrim, on June 5, 2021 by his brother Jimmy Cullen and nephew James Cullen, both residing at 25 St Joseph’s Terrace, Sligo.

Joseph Cullen gave evidence, saying he went to his land at Glencar to get sheep shears. He “spotted Jimmy, James and John Rooney in the corner above in the shed.” Joseph Cullen recalled Jimmy said to him, “Don't be coming up making trouble for yourself.” He also said Jimmy called his wife names and there was other abuse said. The witness admitted he “also gave abuse back.”

He said he went over to open the gate and James got to the other side and pushed against him. He said Jimmy joined Joseph on that side of the gate and they were pulling and pushing the gate. “I fell backwards and I got a bang on the way down into the face,” said Joseph.

He said when he got up off the ground he called the gardai, then he called his other brother and sister and he drove to his sister’s house.

From there he went to Sligo Garda Station to report the assault. He was advised to attend Sligo Hospital for his injuries, which he did, and then returned afterwards to make a statement. Joseph Cullen told the court that Jimmy told John Rooney to record everything on the phone.

Joseph Cullen explained to the judge that he owns half of the land with his brother Jimmy, it is jointly in their names. He said he sustained a bruised nose, busted lip and bruise on his elbow from the interaction.

Inspector Michael Collins asked Joseph Cullen how he felt after the assault, the witness answered “I felt terrified, I was a nervous wreck.”

In cross-examination, solicitor Gerry McGovern asked Joseph Cullen about the farming arrangements. Joseph Cullen said he was farming “since I was no age.” He explained his father, who is still alive, gave the farmland in Glencar to himself and Jimmy to farm together.

Mr McGovern suggested “you don’t like Jimmy,” to which Joseph Cullen replied, “we fell out, I stay away from him.” Mr McGovern noted that there are a number of complaints against his client from Joseph Cullen.

He also put it to him that there are circuit court proceedings against Jimmy. Joseph Cullen agreed this was true and at this point solicitor Tommy Dalton made the court aware he was keeping a watching brief of proceedings.

Judge Sandra Murphy said she had not been made aware of the watching brief, but welcomed Mr Dalton to the court.
Joseph Cullen asked the judge if he had to answer Gerry McGovern’s questions and Judge Murphy informed him he must answer the questions related to the criminal case before the court.

Continuing, Joseph Cullen said he visited the farm about once a month but agreed he visited his other brother who lives close by more regularly.

Mr McGovern asked Joseph Cullen why was he on the farm. Joseph Cullen said he was there for his sheep shears that he needed for a different farm. Mr McGovern put it to Joseph Cullen that the three named men were dosing sheep and had sheep penned in the handling facility. He said his clients say when they finished dosing a number of sheep they would let them out into the yard.

Mr McGovern said James had to follow sheep which left the yard through the open gate to prevent them from going out onto the road.

He said Jimmy and James didn’t want the gate opened as there were sheep in the yard.
Joseph Cullen said he did not see the sheep in the yard. Mr McGovern asked Joseph Cullen to repeat what happened at the gate again.

Mr Cullen repeated his statement which moved the defence solicitor to say “neither of the three men laid a hand on you.”
Joseph Cullen said “I got a bang before I hit the ground,” adding “it felt like a punch.” He also said, “I’m hoping John Rooney has it recorded.”

Mr McGovern asked Joseph Cullen about his car's dashcam and he was told “it wasn’t working.” Joseph Cullen went on to say that Jimmy “also has a dashcam that he straps to himself.”

Mr McGovern put it to the witness “absolutely nothing happened here - you set it up.” Joseph Cullen replied, “All I can do is tell the truth.”

The witness said that at times both he and Jimmy wear bodycams if they know there will be any interaction.
John Rooney was called to give evidence. He said he has known the Cullen brothers since he was 15 or 16 years old. He said he didn’t work for any of them but did assist sometimes with farm work.

He said he was dosing sheep with Jimmy and James Cullen on the above date when Joseph came. He said Jimmy and Joseph shouted at each other. He said the sheep got out of the gate and James had to chase after them.

He stated “no one hit him” in reference to the alleged assault, adding that Joseph was pushing and pulling the gate with Jimmy “then he fell to the ground and said into his phone that he was assaulted.”

Garda Niall McGill said he was in Sligo Garda Station when Joseph Cullen attended and said he had been involved in an altercation with Jimmy and James Cullen.

Gda McGill said Joseph Cullen had a swollen nose, and cut to his lip and he advised him to get medical treatment. He said Joseph Cullen attended Sligo Hospital and returned and made a statement.

At the end of the state’s case solicitor Gerry McGovern asked the judge for a direction. He said “at no time has the complainant named any person who assaulted him,” he also said there was “no evidence of an assault.”

Mr McGovern also outlined that the charges say the incident took place at Knocknaclassagh but that was the wrong location of the alleged incident.

Inspector Collins said an application to amend the summons was created to be presented in court, but it had not been made. He also outlined that from Joseph Cullen’s evidence it was clear who was there and the nature of the injury was the forceful use of the gate which knocked him to the ground. He said “there was no suggestion of a punch thrown.”

Solicitor Gerry McGovern disagreed and said “that was not the evidence given - he said he didn’t know who hit him.”

Judge Sandra Murphy noted the acrimonious family background but said there was “not sufficient evidence of the assault.” She dismissed the case.