This article is from page 8 of the 2006-02-21 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 8 JPG
A MAN who had been barred from a pub in Scarriff subsequently assaulted a member of the family who own the pub, by kicking him as he lay on the ground.
Michael Mongan (24), Clancy Park, Ennis and Kevin McMahon (20), of Plunkett Drive, Kilkishen, pleaded guilty to assaulting Conor McNamara, from Scarriff, outside the Queen’s nightclub in Ennis, on April 17, 2004.
Garda Brian O’Donnell told Ennis Circuit Court that he was sitting in a Garda car as people exited the nightclub.
He said Michael Mongan — a father-of-two — ran from the nightclub and struck Conor McNamara.
“He fell straight to the ground and as he was lying unconscious on the ground, he was kicked at least twice by Kevin McMahon,” said Garda O’Donnell.
He said the Mr McNamara received a fracture to the jaw and his head was grazed. He has since made a full recovery.
The court heard there had previously been an incident between the family of the injured party and Kevin McMahon. The McNamara family had barred McMahon from their pub and nightclub in Scarriff.
Mongan’s barrister, Pat Whyms, accepted that his client struck Mr McNamara with his fist, but did not kick him as he lay on the ground.
He said he was called a name outside the nightclub and then struck Mr McNamara.
McMahon’s barrister, Mark Nicholas, pointed out there was no prosecution arising out of the matter in the Scarriff pub.
He said his client owned up to assaulting the man while he lay on the ground and accepted that the injured party was “blameless.”
Judge Carroll Moran said, “There was clearly a background to this. It resulted from the fact that Mr McMahon had been barred from the licensed premises in Scarriff, belonging to the injured party’s family.”
He said Mongan’s blow “must have been violent”, as it rendered Mr McNamara unconscious.
He said that both men could be equally culpable.
“It arose from Mr McMahon’s dispute, but on the other hand Mr Mongans delivered the blow,” said the judge.
He said both accused men were working and said if each paid €5,000 in compensation, it would go a long way towards influencing his decision.
He adjourned the case to allow both to pay compensation and said if they failed to do that, they would face jail terms.