Evidence ‘inconsistent’ as Longford man accused of threats to kill is acquitted

A 33 year old south Longford man accused of threatening to kill or cause serious harm to another man and his partner in Ballymahon has been found not guilty of two charges following a three day trial.

Gerry Nevin of Mostrim Road, Ballymahon appeared in Longford Circuit Court last week facing three charges arising from an incident at the local  astro soccer pitch grounds on September 19, 2024.

The defendant pleaded guilty to assault causing harm on the injured man, however, he denied the charges of threatening to kill or cause serious bodily harm to the man 'intending him to believe it would be carried out' on the date in question.

Mr Nevin also denied the charge that he threatened to kill or cause serious harm to the complainant's partner at the same location and on the same date.

Barrister for the State, Stephen Faulkner BL, addressed the jury of six men and six women and said there was doubt the accused had assaulted the victim, but they had to decide whether the threats were made.

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The court heard the alleged incident occurred when the defendant "had crossed to take a short cut" in the area while two others were with him.

It was while walking in this area that Mr Nevin was said to have encountered the complainant and words were exchanged and the defendant admitted assaulting the victim.

John Nevin (39), brother of the accused and caretaker of the Ballymahon AFC took  the stand and he said he would often speak with parents and on that evening he spoke with the complainant and he pointed out where he was parked at the time. 

He said he spoke to the complainant through the window of his van for 15-to-20 minutes and he subsequently saw his brother Gerry walking down a lane with two other people, Nicole O’Leary and Jimmy Doran. 

“I knew he had a few cans with him and he and I had fallen out before over his drinking, I was just trying to get him back on the right path. 

"I went in through the club door which was open at the time” (he pointed to this on photos). All of a sudden I could hear Gerry say, ’do you want to ring the guards again on me?’

"When he said that, [the complainant] was in his vehicle, he got out of his vehicle and went up to Gerry and said ‘what are you on about Gerry? I rang no guards on you!’  Gerry said, 'You did'.

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“All of a shot then Gerry stood back, the other people were saying ‘come on Gerry lets go’.

“And then all of a sudden Gerry walked away but then he turned around and said to [the complainant] “Sure will we shake hands and forget about it?” “Those were the words,” he said. 

Barrister Stephen Faulkner, for the State, questioned John Nevin and he asked  him why he left when his brother arrived. 

John Nevin said it was because he did not want to fall out with him as they had fallen out before over his drinking.

 “I know my brother Gerry has done things wrong but he’s a person that tells the truth as well.”

Mr Faulkner said, “So what you’re saying is you saw the altercation take place but at no stage did you hear your brother issue any threats to Mr Kelly?

John Nevin replied “Hands on the bible.”

Witness Nicole O'Leary, who was one of those walking near Mr Nevin, was called by the defence and claimed she was four-to-five metres away from the men when the incident occurred.

Under cross-examination Barrister for the State, Stephen Faulkner BL, she was asked whether she heard any threats.

"I heard Gerry asking (the injured party) was he going to ring the guards on him but I didn't hear that (threats)."

Mr Faulkner asked her was it possible she may not have heard the threats if they were made and she replied with a high degree of certainty that she "would have heard them if they were made".

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Mr Faulkner BL, described the State's case as being 'very neat' as he summed up the case.

"Mr Nevin has admitted assaulting (the injured party), that is not in question. The issue for you is did Mr Nevin issue the threats in the course of the assault."

Barrister for the defendant, Kieran Collins BL addressed the jury and said Mr Nevin had presented his evidence in a clear, 'calm and cogent manner'.

The barrister said Mr Nevin had been honest and candid in relation to admitting at an early stage that he was guilty of assault and he had presented himself as being credible.

However, Mr Collins stated his client was adamant from the outset the threats did not happen and he stated there must be a doubt in the minds of the jurors and where there was any doubt they must acquit.

"I say the prosecution evidence is the evidence of one man. It's incomplete, inconsistent and it's not possible to be satisfied beyond a reasonable doubt that Mr Nevin made the threats. The standard of proof is beyond a reasonable doubt."

Judge Jonathan Dunphy addressed the jury in his charge before they started their deliberations and he instructed them on the law as he explained the alleged offence came under Section 5(1) of the Non-Fatal Offences Against the Person Act 1997.

"The act states, 'A person who without lawful excuse makes to another a threat by any means intending the other to believe it will be carried out to kill or cause serious harm to that other or a third person shall be guilty of an offence', he added.

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During his charge to the jury, Judge Dunphy said every accused person that comes before the court has the presumption of innocence.

The jury of six men and six women retired to consider their verdict at 4.04pm and they reached a decision in just 18  minutes and confirmed to the court they had returned a not guilty verdict in respect of the two threat to kill charges.

Judge Dunphy thanked the jury for their service to the State and he excused them from jury service for a period of five years.

He adjourned the case until May 21 for sentencing for the assault.