Jury fails to reach verdict in Offaly assault trial involving champion boxer

A jury on Wednesday failed to reach a verdict in the case of a champion boxer from Tipperary who said he was acting in self defence when he punched a man three times in the toilet of a Birr night club.

Jack Deane (22), Knockanacree, Cloughjordan, Co Tipperary, had pleaded not guilty to assaulting Christopher Kelly, causing him harm, at Melba's night club, Emmet Square, Birr on August 28, 2023.

The jury of six women and six men had retired to consider its verdict before lunch on Wednesday after hearing the evidence in the two-day trial at Tullamore Circuit Court.

After returning once with questions for the court they told Judge Keenan Johnson after nearly two-and-a-half hours they could not reach a unanimous verdict.

Judge Johnson said he would accept a majority verdict of either 11 jurors to one or 10 jurors to two.

Less than 15 minutes later the jury was in again and the foreperson told Judge Keenan that they would not be able to reach a majority verdict of 10 to two.

Judge Johnson told them their work was done and discharged them.

He also told William Fennelly, BL, prosecuting for the DPP (instructed by Offaly state solicitor, Sandra Mahon) that he could take instructions in the matter.

The trial had been told by 22-year-old Mr Kelly that he was assaulted by Mr Deane after entering the toilet at Melba's nightclub.

An employee of the County Arms Hotel in Birr, he had been on a work night out and went to the night club after having a few drinks in Kelly's on the Green bar.

After being punched by Mr Deane, a man he knew because he had previously sparred with him in Highfield, Birr during the Covid-19 pandemic, he spent the night in the County Arms but went to Tullamore Hospital the next day on the advice of his girlfriend because his jaw was sore.

Detailing the incident where he was punched, Mr Kelly said Mr Deane had said “Look who walked in” when he entered the toilet.

He said he never laid a hand on Mr Deane. “I just remember walking towards the urinal and he just hits me,” said Mr Kelly.

Cross-examined by defence counsel David Nugent, BL (instructed by Brian Duffy solicitor), Mr Kelly said he had been “mixed up” when he previously said that punches had been exchanged by both men.

After being hit he went back to the dance floor of the nightclub and was asked by a security man James Kelly to leave.

Christopher Kelly also said in evidence that he had been “basically knocked out” when he sparred with Mr Deane previously and when asked why he was assaulted in the nightclub he said it might have been because he was an “easy target”.

At the Tullamore Hospital emergency department he was found to have a fractured jaw and injuries to his nose and shoulder.

Garda Hugh Naughton gave evidence that when Mr Kelly called to Birr station to report the incident he had a black eye and bruising to his face.

He gave a statement saying he'd been assaulted by Mr Deane. CCTV footage was played in court which showed Mr Deane and a number of other males going down a stairs in the premises after the incident.

Mr Deane could be seen putting a hand up to the right side of his own face.

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In an initial garda interview in January 2024 the accused said he could not recall anything from the night and did not know Mr Kelly.

In December 2024 he withdrew the first statement and gave gardai a prepared statement.

In his own evidence at the trial Mr Deane, who said he was on a night out in Birr with his brother and three other men, stated Mr Kelly had hit him first.

He went into the toilet of Melba's with his friends and he said they always go to the toilet together when they are out.

Mr Deane told the other man he didn't want conflict. After Mr Kelly threw a few punches he defended himself by throwing three punches.

After the third punch he saw Mr Kelly stepping back and holding his face.

The court was told Mr Deane had been a boxer in the 80kg weight category and won three county titles and two Munster titles.

Mr Deane said he told a security man he had been attacked and then he and his friends left the nightclub and drove to Borrisokane where they went to a pub.

Cian Fallon, a young man who was with the accused on the night, gave evidence that Mr Kelly had been aggressive to Mr Deane first.

After the evidence was heard Mr Fennelly told the jury they had to decide if Mr Deane had acted in self defence but advised them that while Mr Kelly had been consistent in his evidence, Mr Deane, a man of 80kg, had attacked a man of 65kg and changed his account of what had happened.

Defence counsel Mr Nugent said Mr Deane had acted in self defence because Mr Kelly had instigated the incident.

In his charge to the jury Judge Johnson said the focus had to be on the question of self defence because it was agreed that Mr Kelly had been struck and harm had been done to him.

During their deliberations the jury asked Judge Johnson for clarification of the law around self defence, the use of reasonable force and drawing inferences from facts.