This article is from page 4 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 4 JPG
A MAN who had been convicted of assaulting a man he believed had spread rumours about him, has won his appeal at Ennis Circuit Court.
Andrew Mullins (32), with an address at Shannon Road, Sixmilebridge, had received a six month jail sentence, in the District Court, for assaulting Don Kennedy in Shannon, on September 3, 2003.
Mr Kennedy said Mullins punched, kicked and headbutted him at his home, at Finian Park.
His wife, witness Emer Kennedy, told the court that Mullins was very agitated when he arrived at their home.
“He started belting Don. He A 50-YEAR-OLD Clare man has been further remanded in custody after being charged with the murder of a 60-year-old man who was gunned down near his home in county Cork earlier this month.
Father-of-three, John Collins, a native of Ennistymon but with an address at 6 Riverview, Francis knocked him over and kicked him.”
She added that Mullins alleged that her husband had had a sexual encounter with Mullins’ then girlfriend. She said her husband had denied this.
Defending barrister, Elaine Houlihan, said her client went to the Kennedy’s home as he wanted to discuss the rumour.
Ms Houlihan said, “He (Mullins) was upset and came out with the statement that your husband had a sexual encounter with his girlfriend.”
Emer Kennedy denied that her husband had “lunged” at Mullins. In court, Mullins said he told Ms Kennedy about her husband.
“I’d heard my then girlfriend had Street, Rathealy Road, Fermoy, Co. Cork is charged with the murder of John Mahon (a father-of-five) at 11 St. Bernard’s Place, Fermoy on February 12 last.
Mr Mahon, an international boxing referee and a vice president of the Irish Amateur Boxing Association, died after being shot a number of times outside his sister’s house in St Bernard’s Place in Fermoy. given him oral sex,” said Mullins in court.
He said he pushed Mr Kennedy as he was “lunging” at him and he fell over a scooter.
“In the hall, he pushed me and took a swing at me and I headbutted him then,” said Mullins, who admitted he was agitated on the occasion.
“I considered him (Mr Kennedy) to be my friend. I was shocked he would have had an encounter with my girlfriend and that he would start spreading stories about me,” he said.
Mullins’ former girlfriend, Bernice Galvin, told the court she had had a sexual encounter with Mr Kennedy, six to eight months before the incident on September 3. Last Thursday at Midleton District Court, Inspector Martin Dorney applied to have Collins further remanded in custody to appear again at a later date.
Collins’ solicitor, Jerry Healy, said that his client was consenting to a remand and Judge Michael Pattwell remanded Collins in custody to appear at Mitchelstown District Court on March 10. Ms Houlihan said her client wasn’t denying his involvement in the incident, but said it was one of necessary self-defence.
Judge Carroll Moran said he had no doubt that Mr Kennedy suffered injuries.
He said Mullins was “very agitated in the witness box and was presumably very agitated on the evening in question.”
A jury, he stressed, would come back with an acquittal, as a jury could only convict if satisfied beyond reasonable doubt. He said there was reasonable doubt and he was obliged to give the benefit of that doubt to Mullins and allowed the appeal, thus overturning the conviction. Collins was first charged with the killing at a special sitting of Mitchelstown District Court on February 13, where Mr Healy applied for free legal aid and said that his client was in receipt of long term disability benefit.
Mr Healy also informed Judge Pattwell that his client was on medication. He had been examined by a GP following his arrest, but he asked that he be assessed by psychiatrists at Cork Prison, where he is in custody.
Det Garda Tom Ryan gave evidence of arresting and charging Collins with Mr Mahon’s murder. Following caution, Collins replied; “I am very sorry for all the upset – it’s a horrible business all round,” Det Garda Ryan told the court.
Mr Mahon was buried last Wednesday at Kilcrumper New Cemetery following Requiem Mass at St. Patrick’s Church in Fermoy where priest, Fr Anthony O’Brien, told mourners that Mr Mahon’s widow, Mary, had asked people to remember the Collins family in their prayers.
A former soldier stationed at Fitzgerald Camp in Fermoy in the 1970s, Collins lived for a number of years in the north Cork town. But it’s believed that he moved away to the UK about 12 years ago and only returned to live in Fermoy about a month ago.