Brother and niece found guilty of assaulting Limerick woman
A WOMAN made a complaint to gardai that her brother and niece assaulted her and that her nephew “danced on top of her car”.
The judge said it was a “sad and difficult story”.
Patrick Stanton, aged 59, of Ballynaught, Bruree; Alec Stanton, aged 34, of Ballynaught, Bruree; and Sarena Stanton, aged 32, of Ash Hill, Kilmallock all pleaded not guilty.
The first witness, during the contested hearing at Kilmallock Court, was the complainant. She said when she returned to her home in Bruree on September 4, 2020, her brother, nephew and niece were on her drive.
“Alec started jumping on my car. Sarena dragged me out of the car. She and Patrick were both kicking me on the ground. I curled up. My ribs, neck, breasts, back - I had bruising all over me. I lost a lot of hair. I thought it would never stop. My son arrived. He helped me get up. I got into my car and drove into the back of my house,” said the victim.
She said her car’s bumper, roof, headlamps, windscreen, bonnet, headlights were damaged.
Inspector Pat Brennan handed in the repairs invoice from Hinchy’s Garage for €5,551 to Judge Patricia Harney.
Insp Brennan then asked the woman about her about her injuries.
“I was in hospital for a few days. I had two cracked ribs, fractured neck and bruising,” she said. A report from UHL was handed to the judge.
Robin Lee, solicitor (pictured below) for the three defendants, put it to the woman that it was all a “fabrication”.
“No,” she said.
Mr Lee said there was no report from ShannonDoc and no report from a doctor because when you went to them they “found nothing wrong with you”.
The victim said she doesn’t know who did reports but she was in UHL for a number of days due to her injuries.
“I had an MRI and it showed a fracture in my neck,” she said. Judge Harney, who was reading the report from UHL, said an MRI showed a T4 vertebrae fracture in her neck.
Mr Lee said the medical report is “not consistent” with the alleged complaints and he asked the victim if she had difficulties with her brother?
“Yes. Since the age of 14. I went to England at 19 for peace. I haven’t spoken to him since and I have no intention of speaking to him,” she said.
The court heard the victim and Patrick Stanton’s houses are “side by side”.
Mr Lee put it to the injured party that none of what she alleged happened.
“It did,” she replied.
Insp Brennan said the investigating garda, Mark O’Mahony, had noted her injuries and the damage to her vehicle and pointed to the medical report from UHL.
The solicitor then asked Judge Harney to strike the matters out due to the uncorroborated evidence of one person. The judge declined.
Patrick Stanton took the stand. On the day in question he said eight workers were putting down tarmac after he had built a new wall.
“Just after 2pm a white car swerved at me. I had to move. The car’s wheels were spinning. She (the complainant) spoke to the workers. She gave them hell. She came back. She gave out to me for going into her tarmac. Sarena was recording it all on her phone,” said Patrick Stanton. The court heard the phone was grabbed by an individual not before the court on that day and it was not the complainant.
“We had called the guards. We were waiting for the guards to come. Alec was doing a job for me in the house,” said Patrick Stanton.
Mr Lee asked if he assaulted his sister by kicking her on the ground?
“No. I had a walking stick. I had had a knee replacement, I was off work,” said Patrick Stanton.
Mr Lee asked if his daughter Sarena pulled his sister out of the car.
“No,” said Patrick Stanton, who also denies that his son Alec “danced on her car”.
Insp Brennan put to Patrick Stanton that there was an argument over a right of way; this altercation got “physical” and he kicked his sister on the ground.
“No,” said Patrick Stanton.
The next witness to give evidence was Sarena Stanton. She said she knew there was “going to be trouble” when her aunt arrived and started recording on her phone.
Ms Stanton said she was “assaulted for my phone” and when she got it back it was "in four pieces" and the footage lost.
Mr Lee asked if she pulled her aunt by the hair out of the car? “No,” said Ms Stanton.
Insp Brennan (pictured below) put the same question to her.
“No. She done it to herself. It’s all because my father was left the house and everything in the will,” said Ms Stanton.
The last person to give evidence was Alec Stanton. He said he wasn’t standing at the gate.
“I came out 15 minutes later. I saw my aunt going mental. She was roaring and screaming,” said Alec Stanton.
Mr Lee asked if he climbed on her car?
“I didn’t,” said Alec Stanton.
Insp Brennan put it to him that Hinchy’s had verified over €5,000 worth of damage to the vehicle. Alec Stanton denied he was the cause of it.
Judge Harney said it was a “sad and difficult story”.
“I do not believe she inflicted the injuries on herself. €5,000 worth of damage was caused to her car,” said Judge Harney who found Patrick Stanton and Sarena Stanton guilty of assault and Alec Stanton guilty of criminal damage.
Insp Brennan said Alec Stanton has 34 previous convictions. Judge Harney referred Alec Stanton to the restorative justice programme. The judge said it depends on the defendant and victim being willing to take part in it.
“If not I will deal with it,” said Judge Harney.
Insp Brennan said Patrick Stanton has five previous convictions including one for assault 20 years ago.
Judge Harney imposed a three month prison sentence suspended for two years for assault. Recognisance was fixed in the event of an appeal.
Insp Brennan said Sarena Stanton has three previous convictions including one for assault.
Mr Lee said Sarena Stanton denied she had anything to do with assaulting her aunt.
Judge Harney handed down a sentence of two weeks in prison suspended for two years.
Recognisance was fixed in the event of an appeal.