This article is from page 11 of the 2006-05-09 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 11 JPG
TWO ENNIS nightclub bouncers have been acquitted of assault, on direction of a judge, at Ennis Circuit Court.
Keith Molloy (34), of Waterpark View, Drumbiggle, Ennis and John Maduro (26), of Bishop’s Court, Ennis, had pleaded not guilty to assaulting Stuart Daly, causing him harm, on the Watery Road, Ennis, on February 27, 2005. Two others, Gerard O’Brien (30), Frenchcourt, Clonroad, Ennis, and his brother John O’Brien (27), of Radharc na hInse, Drumbiggle, Ennis, pleaded guilty, at the start of the trial, to assaulting Daly, causing him harm. They will be sentenced later this month.
All four were also accused of engaging in violent disorder, at the same place on the same night, but were also found not guilty, on direction.
Counsel for the prosecution, Stephen Coughlan told the jury at the outset that the assaults committed on Daly were such that they gave rise to a situation of violent disorder.
Stuart Daly, from Clancy Park, Ennis, told the trial Keith Molloy refused him entry to the Queen’s nightclub on the night in question, on the grounds that he was too drunk.
He said later that night he was knocked to the ground and kicked and boxed, on the Watery Road.
When asked who hit him, he said, “I’m not sure. I could see a grey bar coming down, hitting me.”
He sustained a broken leg in the incident. He told the court he heard afterwards that “they thought I had scraped (Keith Molloy’s) jeep.”
Barrister Michael Collins, who represented Molloy, said that when confronted, Daly pulled a knife. Daly denied this. Mr Collins said the only people to assault Daly were the O’Briens.
Gerard O’Brien’s barrister Michael Fitzgibbon said his client did not have any metal bar, but admitted he hit Daly “a few punches.” He said Daly attempted to jump over a wall and fell backwards. Daly denied this.
John O’Brien’s barrister Mark Nicholas said his client had no bar and gave Daly a few digs and slaps.
Maduro’s barrister Elaine Houlihan said her client did not touch Daly.
The court heard that in a statement to gardaí, Molloy said his jeep had been scraped with either a knife or key on the night in question. The only person he had stopped from entering the Queen’s that night was Stuart Daly.
After hearing legal submissions on the second day of the trial, Judge Con Murphy directed the jury to bring in a verdict of not guilty, on all charges.