Jury finds man not guilty of glass attack

A Galway jury may have set a new record by returning a unanimous verdict just nine minutes after it had retired to deliberate on evidence given during a two-day assault trial.

The four women and eight men were sent out to deliberate at 3.38pm and pressed the buzzer in the jury room nine minutes later, indicating they had reached a unanimous verdict, finding Eamon McDonagh (26), of 19 Sliabh Rua, Ballybane, not guilty of a single charge of intentionally or recklessly causing serious harm to Dominic Downes at Glenbaun, Ballybane on June 1, 2014, contrary to Section 4 of the Non Fatal Offences Against the Person Act 1997.

Downes lost the sight in his left eye after he was stabbed repeatedly with a broken bottle during an altercation between two gangs of youths but the jury did not accept his evidence that he recognised his attacker.

McDonagh denied the charge and his trial commenced last week at Galway Circuit Criminal Court.

Mr Garnet Orange, SC, defending, told the jury McDonagh had celebrated his birthday the previous night and he had been at home on the night the attack took place.

Prosecuting barrister, Conor Fahy told the jury it was the State’s case McDonagh had stuck a broken bottle into Downes’ eye a number of times during a fight.

McDonagh did so intentionally and he had acted recklessly, he added.

The trial heard Downes and others had been drinking heavily in town on May 31, 2014, before returning to Daniel Barry’s house at 15 Glenbaun, Ballybane that night.

They continued drinking there but Downes left the house at one point and assaulted a youth nearby before returning to the house.

Barry went missing from the house a short time later and his mother sent Downes and two other youths out to look for him.

There was a lot of “activity” going on outside in the general Ballybane area that night with people jostling and fighting each other, the court was told.

Downes said they met a gang coming towards them.  He said he recognised Eamon McDonagh in the gang.

He turned with the others and tried to run back to Barry’s house but the gang caught up with them.

Downes said Eamon McDonagh wanted to know who had assaulted the youth earlier and one of the other youths pointed him out.

Downes said he told McDonagh he wanted a “fair fight” and they started to swing at each other.

Downes told the jury he was a good boxer and he was getting the better of McDonagh in the fight.

Someone then jumped him from behind and he was held down.  McDonagh, he said, came at him with the broken bottle.

“I seen him coming at me and stabbing me in the face,” he told the jury.

During cross-examination, Downes told Mr Orange he never carried a knife but later admitted he carried a knife for protection.

He said he didn’t know McDonagh that well but said he recognised him. He admitted being involved in other violent incidents himself involving other people.

Sgt. Shaun Durkan told the trial Downes was reluctant to make a statement of complaint initially but finally did so last January. He said no witnesses came forward to offer any independent evidence even though other youths were present at the time of the attack.

He agreed during cross examination by Mr Orange that there were no witnesses, no phone records and no CCTV – which would link his client to the attack.

In his closing speech to the jury, Judge Rory McCabe asked jurors if they could rely on Downes’ evidence.

He said it was the State’s case McDonagh intentionally stabbed Downes in the eye and that he had lost his sight in that eye as a result of the assault.

However, he said, there were no witnesses, no phone records or no CCTV linking the defendant to the assault.

The victim, he said, had a history of violence and he admitted carrying a knife.

“And what opportunity did he have to recognise the accused?  We’ve heard there was a lot going on that night and a lot of drink taken.

“The difficulty you have is can you rely on the evidence of the victim? There’s no doubt the injuries that were sustained amount to serious harm.

“The real issue is does the evidence prove beyond a reasonable doubt that this harm was caused by the accused man?,” Judge McCabe cautioned.

McDonagh, who had been held on remand at Castlerea Prison prior to the trial, walked free from court with members of his family seconds after the jury acquitted him.