Two Longford men guilty of affray must each pay €1,000 to victim

Two men accused of violent disorder pleaded guilty to the lesser charge of affray at Longford Circuit Court. Michael McDonagh (26), 7 Palace Drive, Ardnacassa, Longford, and Martin McEvilly (24), 7 Glebe View, Longford, were before Judge Kenneth Connolly arising from a disturbance at Earl Street, Longford on September 9, 2017.

Two other defendants, Patrick O'Leary, 44 Ardlow Manor, Cavan and Kyle Quinn, 32 Glebe View, Longford, were previously dealt with by the court.

The matter was initially scheduled to be heard before a jury, but following discussions between the prosecution and the defence the charge of threatening unlawful violence was amended to affray. Mr McDonagh and Mr McEvilly entered a guilty plea to the affray charge.

Sergeant Liam Ward gave evidence to the court of his investigation into the matter. Sgt Ward said the prosecution was based on the statements of two civilian witnesses: Brian Harkin and John Duffy.

Sgt Ward said he arrived at the scene of the incident and met with Brian Harkin whose face was covered in blood: “He was extremely agitated, crying. He said he was the victim of an assault,” the witness told.

The sergeant described the scene. He told Judge Connolly there were five males a short distance away, consisting of the two men before the court, two men who were dealt with at an earlier sitting and a juvenile. The officer said the group were all intoxicated and one of the males was drinking from a can.

Sgt Ward gave details of the statement Mr Harkin made. The victim told of going for a drink after work with a friend, John Duffy. He said “it was a quiet night, not a heavy night”.

After drinking they went to a local chipper. While there, McEvilly entered the premises and invited Mr Duffy out to have a fight. Mr Duffy and Mr Harkin decided to leave without the food even though they had paid for it.

When Mr Harkin went out to check for a taxi he was punched by someone. Sgt Ward said the victim believed the person who punched him was wearing a ring, as he sustained a cut to the side of his nostril which needed three stitches. The victim also broke a tooth. While on the ground he was kicked to the back and the head.

Mr Duffy came out of the chipper and grabbed Mr Harkin. Both men ran up the street where they met with a security officer. There Mr Harkin called gardai.

Sgt Ward told the court he was unable to harvest any CCTV as the cameras on Earl Street did not cover the area where the incident took place. Both defendants made statements to gardai and provided material “of assistance to the investigation”.

In interview McDonagh confirmed being at the scene. He was drinking that night, but remembered being in a fight in ZamZams. He described the fight as “arguing, shouting and pushing” and denied hitting anyone in the face.

In his interview McEvilly also confirmed he was on Earl Street. He admitted sending a message the next day via Facebook messenger to Mr Harkin saying: “Sorry about last night the other fellow got smart, forget about it.”

Sgt Ward told the court McDonagh had no convictions prior to the affray, but clocked up 22 since. McEvilly had no previous convictions and has not come to Garda attention since the September 2017 incident.

Counsel for McDonagh, Bernard Madden SC, said his client's subsequent convictions arise from intoxication: “Alcohol is the source of his problems,” he told the court.

In summing up the matter Judge Connolly said whereas the evidence presented to the court may suggest Mr McEvilly was the instigator, he was sure this would have been “highly contested” by the defence.

Describing it as an “unfortunate incident” Judge Connolly explained that in the normal course of events it would merit a 12 month prison term. The judge observed the defendants were all intoxicated; “This is not an excuse, but it provides context.”

He described McEvilly's involvement as “an aberration of his character fuelled by alcohol”, adding that the guilty plea “must be welcomed by the State” as it would have been a “difficult prosecution”. The judge also noted the “immediate apology” McEvilly made on Facebook messenger.

Judge Connolly reduced the 12 month prison term to probation 1.2 on condition McEvilly pay €1,000 to the victim Brian Harkin.

Sentencing McDonagh the judge noted the defendant was now in a “settled relationship”. He said the accused's subsequent convictions point to the fact he has a problem with alcohol and “intervention is needed”.

The judge imposed a 12 month sentence, but again suspended it for a period of 12 months on a probation bond that McDonagh be of good behaviour, pay €1,000 to the victim and engage with a GP within 28 days to establish assistance on the public system for alcohol awareness.