Assault claim dismissed due to lack of evidence
Judge Geraldine Carthy Photo: Michael O'Rourke
A MAN who claimed he was assaulted while out jogging with his dog saw the case against his alleged attacker dismissed due to a lack of evidence, despite claims of ‘full force punches’ being thrown on a busy street.
Eddie Farrell, Park Rise, Phelimwood, Tullow denied assaulting Joey Kelly on Bridge Street, Tullow on the evening of 6 October 2024, telling Carlow District Court: “We don’t like each other. We have good reason not to like each other,” said the 41-year-old.
Garda Brennan told the court that Mr Kelly reported the alleged assault the following day, claiming he had been punched on the right side of his head during his evening run.
However, despite canvassing several businesses, including SuperValu, McDermott’s Off-Licence and Dalton’s licensed premises, no CCTV footage covering the area was available.
“I canvassed for any witnesses, and none came forward,” Garda Brennan stated.
The court heard that attempts to get a statement from Mr Farrell proved fruitless. He initially agreed to attend the garda station, but failed to keep the appointment and stopped answering phone calls. When gardaí called to his house on 13 January, “he said he wouldn’t” make a statement.
Mr Kelly told the court that he encountered Mr Farrell twice during his 5km run. The first time, Mr Farrell was a passenger in an oncoming car and “gave me really bad looks”.
“I used to be good friends with him,” Mr Kelly said in explanation of how he knew Mr Farrell.
The second encounter occurred at the bridge and square near SuperValu at around 6.40pm.
“He threw one or two punches to the right side of my head. I tried to get past and he hit me again on the road. Cars passing were beeping,” Mr Kelly claimed, gesturing to show closed-fist punches.
“That’s a busy enough time with people coming back from work. Were there any complaints from motorists or people who may or may not have witnessed the incident?” he asked the garda.
“Daltons did observe an altercation, but no-one would make a statement,” replied Garda Brennan.
“It was a random attack with full force punches,” Mr Kelly insisted.
Under questioning by solicitor Chris Hogan, Mr Kelly admitted he had no visible injuries, only “headaches and lumps on my head” which he did not show to gardaí, nor did the garda taking his statement notice.
“It’s a section 2 minor assault, there was no harm,” Mr Hogan put it to him.
When Mr Farrell took the stand, he went somewhat off-topic, discussing an unrelated domestic incident before denying the assault.
Asked if he confronted Mr Kelly, he replied: “I can’t say whether it was him or me. I don’t know.”
Mr Hogan told Judge Geraldine Carthy: “There are two versions of events, in my respectful submission, and there is no injury there. Obviously, there is a bad relationship between them but you might give my client the benefit of the doubt.”
Noting the lack of evidence and conflicting accounts, Judge Carthy dismissed the case.
