Limerick man who punched woman in the face during pub row avoids criminal conviction

A LIMERICK man who punched a woman in the face with his fist after she struck him across the head with a gin glass during a row in a pub has escaped a criminal conviction.

At Killaloe District Court, sitting in Ennis, solicitor for accused man, Kenneth Nealon, Tara Godfrey said that what occurred in Flanagan’s restaurant, Ballina, County Tipperary on June 13, 2021 “was an unmitigated disaster”.

Judge Alec Gabbett agreed, commenting: “The whole scene was a bit unseemly.”

In evidence, Garda Áine Troy told the court that after arriving at the scene at 12.30am, she spoke to Mr Nealon who has an address at  Hampsted Park, Shannon Banks, Corbally, Limerick.

Garda Troy said the now 33-year-old was irate and was being treated in an ambulance at the time.

She told the court that Mr Nealon informed her that an altercation had taken place. "He said that a girl called him a fat c**t and he told her he could lose the weight but she could not lose her fat nose and an altercation took place," Garda Troy stated in evidence.

“I viewed the CCTV  and it shows Mr Nealon striking the woman in the face with his fist after he was assaulted," she added.

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Mr Nealon had admitted assaulting the 26-year-old woman who has an address in County Laois but Judge Alec Gabbett imposed the Probation Act meaning a criminal conviction will not be recorded.

The judge ordered that Mr Nealon enter a €200 Probation Bond and that he be of good behaviour for the next two years.

Previously, the injured party pleaded guilty to the assault causing harm of Mr Nealon and CCTV footage of the row was shown in court.

She also escaped a conviction after providing €1,000 in compensation to Mr Nealon for the ‘gin-glass’ assault injury to his head which required three surgical clips to be put in place a 2cm laceration above his left ear.

On behalf of Mr Nealon , Ms Godfrey said: “My client apologises unreservedly. Unfortunately, there was drink all round which is no excuse for anyone. My client doesn’t have previous convictions. He works in a factory and is desperate not to get a conviction.”

Ms Godfrey said: "He is pleading guilty to the Section 2 assault even though it did take us a while to come to that plea as he did have injuries. He had staples in his head and time off work.”

“He has received compensation through the courts from the lady who was the injured party in our case.”

Ms Godfrey said: “The State accepts my client was punched first and he punched back - he shouldn’t have punched back. Anyway the glass went through his head.

The solicitor added: “He didn’t cover himself in glory that night, but then again he had been injured himself."

She said her client wishes no ill will towards the injured party and that "he really just wants to put this behind him.”