This article is from page 6 of the 2006-02-07 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 6 JPG
THE four accused men denied assaulting Michael Cahir and denied causing criminal damage. In court, they said they did not threaten him and went to his premises seeking the P45.
Referring to the first of the two incidents, defending solicitor Eugene O’Kelly, said the Malones did not kick or punch Mr Cahir.
“You pushed Joseph and Michael Malone at the door of the premises. Joseph lost his balance, he reached out to hold his balance and in the process tore your shirt,” said Mr O’Kelly to Mr Cahir.
Mr O’Kelly said the McNamara brothers were “motivated by their desire to assist their sister.”
“These are decent rural folk. They didn’t set out to get themselves in this situation,” said the solicitor.
Michael Malone told the court he had three drinks in a public house before he went to Mr Cahir’s premises. He said he asked Mr Cahir for his wife’s P45 and was told to leave.
When asked by Inspector Michael Gallagher what he thought of Michael Cahir, Michael Malone said, “I think he is the lowest type of a c*** that ever came into the parish of Liscannor.”
After hearing five hours’ evidence, the judge convicted all four men of assault.
He dismissed the charge of criminal damage against Michael Malone and Martin McNamara and convicted Joseph Malone and John McNamara of criminal damage to Michael Cahir’s t-shirt.
He ordered the McNamaras to pay €2,500 compensation each and fined both €500.
He ordered Joseph and Michael Malone to pay €1,000 compensation and fined them €350 each.
He also fined Joseph Malone and John McNamara €250 each for the criminal damage charge and ordered both to pay compensation.
He ordered all four to pay €212.50 witness expenses and fixed recognisances.
“The reason I am not adding custodial sentences is because they have no previous convictions. If they had, I’d have no hesitation in sending all four to prison,” said the judge.