Judge expresses 'grave concerns' about Limerick man's temper following assault conviction

AN ASKEATON man was convicted of assault arising from an altercation with a neighbour close to the entrance to the housing estate where they live.

Henry Blackwell, aged 44, of Lismakeera, Askeaton, appeared before Kilmallock District Court to face one charge of assault and one charge of criminal damage. 

During a contested hearing, the court heard that on May 16, 2024, gardaí responded to a 999 call from a passer-by who witnessed an altercation between the accused man and Ciara McCarthy, also of Lismakeera.

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Judge Patricia Harney was told that prior to this incident, both parties had been involved in a heated verbal exchange outside Ms McCarthy’s home. 

According to the injured party, a friend pulled up outside her home after she had dropped her children to school. Mr Blackwell, she said, then left his home and claimed that her friend’s car was blocking his access. When he went to close the door of the vehicle, both women shouted and roared at him. 

Later in the day, at around 11:50am, Ms McCarthy said she was walking near the entrance of the estate when she was alerted to a verbal altercation involving Mr Blackwell’s wife and another woman.

She said Mr Blackwell, who was also present, then started verbally abusing her from his jeep at which point she took out her phone to begin recording.

In her evidence, Ciara McCarthy said Mr Blackwell's wife then went to attack both her and her friend and when she was asked to stop, she (Ms McCarthy) was grabbed by the throat and her phone was thrown “five feet into the air” by Mr Blackwell.

The complainant said she ran to retrieve her phone and that she then “lost the plot” and went running to Mr Blackwell’s jeep. She struck the window several times using her phone but no damage was done to the vehicle. 

As this occurred, she said Mr Blackwell ran behind her and grabbed her. “All I remember was having my face stuck to the ground,” she said.

Garda Tom Moroney said it was the prosecution's case that the defendant had thrown Ms McCarthy to ground and that his actions were disproportionate. He added that the relationship between the parties “would not be great”.

CCTV footage, which was played in court, captured the incident but not the events leading up to it. 

Garda Moroney said none of the independent witnesses were willing to make formal statements when he approached them following his arrival at the scene.

After the altercation, Ms McCarthy presented herself at St John’s Hospital in Limerick and was told to go to University Hospital Limerick but she did not. Photographs of the scratches she sustained were submitted to the court as evidence.

Judge Patricia Harney was told that following the incident, Mr Blackwell met with gardai and gave a voluntary interview under caution at Rathkeale garda station.

When shown an image of the damaged phone, he told gardaí: “She must have damaged that herself” insisting he did not remember doing it. Mr Blackwell told gardai he put her on the ground to restrain her from vandalising his jeep. 

Being cross-examined by solicitor John Lynch, Ciara McCarthy denied that she was “manufacturing” the assault.

In her direct evidence, she claimed the incident lasted for around ten minutes but Mr Lynch put it to her that she was “completely incorrect,” based on the CCTV footage.

“This was not a prolonged incident,” he said adding that the evidence indicates the incident lasted between 25 and 30 seconds. 

Replying, Ms McCarthy said: “I accept what you’re saying but I know what I’m saying also.” 

She was also asked if further damage was done to her mobile phone when she used it to strike the jeep and Mr Lynch suggested it was a “broken screen” rather then the phone being “smashed” entirely.

Following the conclusion of the evidence, Judge Harney dismissed the criminal damage charge saying there was no evidence confirming exactly how or when the phone was damaged.

She said Mr Blackwell had “a case to answer” regarding the assault charge and proceeded to formally convict him when Mr Lynch confirmed his client would not be giving evidence.

Inspector Gearóid Thompson told the court that Mr Blackwell has 28 previous convictions, 27 of which are for road traffic matters. The most recent conviction, for section 2 assault, dates back to October 15, 2024.

On that occasion, Mr Blackwell received a two month prison sentence, which was fully suspended for 18 months.

In his plea of mitigation, Mr Lynch said his client is married with a family and that he is is the sole breadwinner in the home. He reiterated his position that what occurred “was a reaction” to his client’s vehicle being attacked. 

Judge Harney said she had “grave concerns” about Mr Blackwell’s temper, considering it is the second time he has been convicted of assault. 

The matter was put back to April 24 to facilitate the preparation of a probation report.