Construction worker who hit a man with a glass in a Dundalk pub avoids conviction
John Elmore (26) of Ballinteskin, Omeath was charged with assault causing harm arising out of the incident at Brubakers, Park Street, Dundalk on February 3rd last year.
A construction worker who used a glass to hit a man who had had words with his then girlfriend before he arrived to join her in a licensed premises, has avoided a conviction at Dundalk district court.
John Elmore (26) of Ballinteskin, Omeath was charged with assault causing harm arising out of the incident at Brubakers, Park Street, Dundalk on February 3rd last year.
The court heard heard the defendant was not in the bar, when his then partner was involved in an argument with the injured party.
The man had told her to "F*** off' and she slapped him.
She has pleaded guilty to assault arising out of that incident and her case was adjourned to next month for facts to be heard.
Later in the night, the woman gave her version of events when John Elmore arrived and he went over holding a glass in his right hand.
He grabbed the man with his left hand and seems to have then struck him once with the glass.
When Judge Stephanie Coggans pointed out it was a completely unprovoked assault, the Defence barrister stressed that fortunately the physical injury suffered was 'relatively mild' and was described in hospital notes as "a superficial abrasion" to the left side of the injured party's forehead.
He added his client, who does grounds work for his family's construction company, plays for his local GAA club and hopes to travel to Australia, had €3,000 in court for the assault victim.
The lawyer added Mr Elmore comes from a very good family and his parents were in court along with his sister.
The court heard the injured party had accepted his apology and having suffered losses associated with work, was also willing to accept the money.
In his victim impact statement, he said he felt unsafe in the village.
Judge Stephanie Coggans said the statement was “at odds” with an apology being made and accepted, but the Defence barrister said that is what had been indicated by gardaí who had spoken to the complainant and added that the apology was important to him.
When Judge Coggans asked if what had been said in that regard was true, Court presenter Sgt Richie Browne replied "Yes" and said Mr Elmore had effectively no previous convictions as it was "a very very minor Road Traffic Offence".
Judge Coggans, who noted the defendant had paid compensation, placed him under a 12 month peace bond, which would leave him with no conviction and said "I don't think we will see him again".