Offaly assault trial: 'My face is in bits, I'm here with a broken cheek'
Man denies alleged brush handle attack in Birr as trial at Tullamore Circuit Court opens
A MAN has gone on trial at Tullamore Circuit Court after pleading not guilty to assaulting another man in Birr.
Eoin Middleton (22), Burke's Hill, Birr, denies assaulting James Doran (36), also from Birr, at Eden Road, Birr on May 3, 2024.
A jury of nine men and three women was sworn in on Friday morning, April 24, before Judge Ronan Munro.
In his direct evidence Mr Doran told the court that on the date of the offence he had a couple of drinks with a friend in Pilkington's pub before leaving between 8pm and 8.30pm.
Mr Doran said he needed to go to the house of his friend, Conor McKelvey, to collect tools because he had done some work there, fixing windows.
On arrival at the house Conor let him in and there were two other people there, Conor's girlfriend and the accused man, Mr Middleton.
Mr Doran said he walked into the sitting room and Mr Middleton made allegations against him and then stood up and headbutted him.
Both men were asked to leave the house and Mr Doran said as he was doing so Mr Middleton, who had been “lying in wait” struck him with the handle of a brush.
“It was an old fashioned brush as well, it wasn't one of those light ones,” said Mr Doran.
Asked by prosecution counsel Shane Geraghty, BL (instructed by Sandra Mahon, Offaly state solicitor) about his injuries, Mr Doran said he was taken to Tullamore Hospital by Mr McKelvey and after a scan there was transferred to St James's Hospital in Dublin where he was treated for a laceration and in indentation fracture in his skull.
Mr Doran also told the court he subsequently sent a text message to the phone of PJ Middleton, father of the accused man, having got the telephone number on Donedeal.
In the message he said he had been brought to hospital and would need an operation to fix the damage after being hit with a wooden brush.
“My face is in bits, I'm here with a broken cheek,” the message said.
It also asked that he be contacted “so we could sort this out, not to be charged with assault, simple”.
The trial then broke for lunch.
Earlier, at its opening, Mr Geraghty outlined what he expected the evidence to be and said it was accepted by Mr Middleton that he headbutted Mr Doran but did so because he was acting in self defence, and then had no choice but to take up the brush and strike the other man.
Mr Geraghty said there would also be evidence that Mr Doran sustained a fractured eye socket.
“There was, in essence, a fight,” said Mr Geraghty.
The accused man is represented by Suzanne Dooner, BL, instructed by Aisling Maloney, solicitor.
The trial will continue on Friday afternoon.
(Funded by the Courts Reporting Scheme)