Probation Act for Ardee man (75) charged with striking teen with umbrella

A 75-year-old local man charged with striking a young teenager across the leg with an umbrella claimed that the complainant was one of a number of young boys involved in vandalising his house.

Kevin McCoy from Ferdia Park in the town alleged at Ardee District Court that the vandalism was going on 16 years, involving the throwing of stones at and breaking windows and kicking the door.

He had to have grilles fitted on the windows and boarded up.

He denied the assault on the date alleged, while admitting there was an incident involving the complainant a few weeks beforehand.

The complainant who is now 15 gave evidence that between 2 and 2.30pm on March 24 last year he was walking down to Ferdia Park with a friend. He was chased by the defendant for no reason.

He ran down to the golf links and stopped and was hit by the defendant with the umbrella. He was sore for a while.

The complainant denied being involved in vandalising the defendant’s house.

An aunt of the boy’s father told she was driving with her partner into Ferdia Park on the date, and saw the defendant run across the road towards the boys. The complainant came back from the golf links direction and was crying. He said the defendant hit him on the leg with an umbrella.

The boy’s father gave evidence of receiving a phone call from his aunt about the incident. He met the defendant a few minutes later and asked him did he hit his son. Witness made a statement to the Gardai.

He said his son had good manners and wouldn’t be involved in damaging the defendant’s house.

Judge John Coughlan told the defendant “we are not here to discuss throwing of stones to your house.”

The Judge said he accepted the evidence of the complainant and the aunt of his father. In his view an assault took place, but it was a technical assault.

The defendant had no previous convictions and in the circumstances he applied the probation act.