National: Hung jury in assault trial following ‘row’ between Man Utd and Liverpool fans

A JURY failed to reach a verdict in the trial of a man who is accused of assaulting another man with a pool cue during a row between fans of rival football teams.

Limerick Circuit court heard the defendant - Paul O’Donoghue, aged 37, of Lenihan Avenue, Prospect, Limerick - is a Manchester United supporter while the alleged victim is a Liverpool fan.

Mr O’Donoghue pleaded not guilty to assault causing harm and production of an article capable of inflicting serious injury, namely a pool cue, at Oak Crescent, Newcastle West, County Limerick on April 16, 2019.

Summarising the evidence for the jurors following the conclusion of the three-day trial, Judge Dermot Sheehan said they had heard from a number of witnesses beginning with the investigating garda, John O’Connell.

The case was prosecuted by Lily Buckley BL, instructed by State Solicitor Aidan Judge.

Mr O’Donoghue was represented by Joseph McMahon BL.

The judge said the alleged victim had said he had put children to bed around 9.30 / 10pm on the night in question, had a shower and then went to a house for a 'few cans'. Mr O’Donoghue and his partner were there, as was the homeowner.

Judge Sheehan said the homeowner gave evidence that there was an argument over football between Mr O’Donoghue, a Manchester United supporter, and the alleged victim, a Liverpool fan.

“He said it started as a slagging match and became heated. It started in the pool room and continued in the sitting room. He became bored with it. He said, ‘I told the two of them to shut up and calm down’,” said the judge.

The judge said the homeowner told the alleged victim to leave.

“He said, ‘Paul O’Donoghue brushed past me with something in his hand. I initially thought it was a stick. I roared at him to stop and drop the pool cue.

“He hit him with the pool queue when he was just outside the gate. I thought he hit him on the shoulder’,” the judge said referring to his notes.

Judge Sheehan said the alleged victim’s evidence was that he left to go home after Mr O’Donoghue was “giving out” and had put up his fists.

The judge said the victim gave evidence that he was just about to mount the pavement of his residence when “I got a slap of a pool cue in the face from Mr O’Donoghue”.

This was denied by Mr O’Donoghue. The judge said Mr O’Donoghue’s evidence was that the alleged victim started banging the pool table after his fourth or fifth drink.

The judge said Mr O’Donoghue said the alleged victim was asked to leave by the homeowner. Judge Sheehan said Mr

O’Donoghue’s evidence was that the alleged victim and the homeowner got into a physical dispute in the hallway and Mr O’Donoghue intervened.

“Mr O’Donoghue said the alleged victim hit him with a pool cue and then Mr O’Donoghue hit him back with a pool cue, he thought on the shoulder.

“He said the alleged victim left, they locked the door and there was ‘no question of anything outside’,” said Judge Sheeehan.

Mr O’Donoghue’s partner said he pushed the alleged victim out of the house and no one went outside, said the judge.

Following just over five hours of deliberations, the jury foreperson said the jurors could not agree on a unanimous or majority verdict.

Judge Sheehan said there was an alternative verdict - a verdict of disagreement- open to the jury.

After a short recess the jury returned and the foreperson confirmed it was a verdict of disagreement on both charges.

“You have agreed to disagree,” said Judge Sheehan, who thanked the jury for their service.

The matter was adjourned for a number of weeks to allow the DPP to consider the verdict.