Wednesday 23 October 2019

Guilty of one assault, not guilty of another


A DEFENDANT was acquitted of assaulting a Portuguese man whom he chased up the street after first assaulting his friend.

Barry Cullen (31), Tuskamore Avenue, Rosslare Harbour denied assaulting Lionel Madeira who suffered a broken ankle at North Main Street on June 21, 2010.

He pleaded guilty to assaulting his friend Nelson Barros on the same date outside Chocolate Bar.

Judge Patrick Clyne ordered him to make a donation of €1,000 to Wexford Women's Refuge by February 20, 2010.

If he pays the money, he will be given the benefit of the Probation Act.

'If your client comes in here on that date with one arm as long as the other, he will go to jail, the Judge told his solicitor Ed King.

After hearing all the evidence relating to the alleged assault on Mr. Madeira, Judge Clyne dismissed the charge, saying there was not enough evidence to convict.

However, he said he wanted the defendant to 'realise he was sailing very close to the wind.'

Lionel Madeira said he went to Chocolate Bar with his friend Nelson Barros.

Barry Cullen followed them as they were leaving the bar. and slapped Nelson in the face.

Mr. Madeira ran and the defendant followed him, catching up with him at Cappuccinos where he went flying in the air after he pushed him.

He broke two bones in his foot and had to have three operations.

He was unable to work and lost his job. He also missed out on his holidays.

Asked to explain why he told a doctor at Waterford Regional Hospital that he fell on the ground and someone stood on his right ankle, he said that after he fell, he tried to pull himself up and that's when he broke the second bone.

Nelson Barros gave evidence that when he went outside for a smoke, Barry Cullen came out and slapped him in the face.

He denied making lewd comments to two girls who were in the company of Barry Cullen and another male.

In court, the defendant said Mr. Barros started looking at the girls and made rude remarks.

He told Judge Clyne that he invited the two men outside after they had been asked to leave and failed to do so.

' I brought Nelson outside. I gave him an open-handed slap in the face,' he said.

Mr. Madeira ran and he ran after him but he didn't catch up with him.

He could hear him shouting after he fell on the Main Street.

He went over and took his hat off and then threw it back at him and told him to behave himself.

He said his intention was to catch him and frighten him. He had been a doorman for 14 years.

He denied standing on his ankle.

He said his intention was to frighten the two men so they wouldn't treat any other girls like that.

' You said he was screaming on the ground. Did it not cross your mind to help him or call for an ambulance,' asked Inspector Pat McDonald..

'No, it didn't,' said the defendant.

Judge Clyne said it wasn't the action of a concerned citizen but a 'rather cold-hearted brute' and while this may be the case, he could not convict on the evidence.

The court was told that the defendant had 17 previous convictions including criminal damage and road traffic offences.

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