A 62 year-old man told the local district court that he was kicked and punched on the street after he ran out from a burglary at his home.
He alleged that two men and a woman were involved in beating him up and resulted in him ending up in intensive care.
Joseph Davidson of Boyle O’Reilly Terrace, Dundalk who was stated to be a kick boxer and trainer, appeared before Judge William Hamill charged with assault causing harm, burglary and theft of cash, mobile phone and watch.
The 40 year-old denied the offences, claiming that his part in the assault involved trying to remove a hammer from the injured party, and that he wasn’t in the injured party’s house which was stated to be badly damaged.
Judge Hamill dismissed the theft charge but said he wanted to give consideration to the other two counts, and adjourned his decision on Wednesday last for two weeks.
Davidson’s version of the events on January 18th last year at Castletown was that the woman became involved in a confrontation with the injured party. She was travelling in a car along with the defendant and the second man and asked for the car to stop and got out and went over to him.
The Court heard that the woman and the other man were outside the jurisdiction.
The injured party said that he came home at 3pm on the date in question to find the front window of his home smashed and phoned the Gardai who came and took details.
Shortly after he looked out his back window and saw two men climbing over a back wall into his garden, and he went to lock the back door.
He ran out onto the street, and a girl was shouting on a mobile phone “he’s outside.”
He alleged Davidson and a second man entered his house and caused thousands of pounds worth of damage. He s aid he had cash in his pocket which was taken, along with a watch and mobile phone. He was taken to hospital and had to transfer to the Mater Hospital for treatment to his eyes.
He denied using a hammer and striking the woman.
Mr McDonnell put it to the injured party that the defendant saw a confrontation between him and the woman and that he struck her and left her bloodied.
Mr McDonnell said the defendant’s part was to separate those involved.
Garda Finbar Gurhy said he responded to a report of an assault at Castletown. There was a crowd at the scene. He went into the injured party’s house and the place was ransacked, with broken glass in the kitchen and hallway at the back. A large glass panel was missing in the back door. The defendant was distressed. There was blood on him and lots of marks round his eyes.
The Garda said the house was forensically examined and nothing of evidential value was found. The defendant voluntarily came to the station.
The defendant confirmed his account in evidence, He also denied telling the injured party who he was. Also he said he did not enter or damage his house.