Closing arguments have been heard in the trial of a North Kerry man, accused of assault and false imprisonment of a man at his house.
34-year-old David Elston, of Croagh, Lisselton, faces five charges, which relate to one incident in August 2021 in which he allegedly assaulted Martin Keane.
A final count relating to intimidation of a witness, the same Mr Keane, in November 2022, was struck out due to lack of evidence.
Meanwhile, a third man involved, 25-year-old Seanie Ryan of 93 O’Connell’s Avenue, Listowel, pleaded guilty to assaulting Mr Elston that night.
Prosecuting Barrister, Tom Rice, told the jury of five women and seven men, that while the complainant, Martin Keane, claimed he has amnesia and can’t recall events, that his original statement is still evidence.
Mr Rice said that there was no evidence as to who damaged Mr Elston’s van on the night.
He said that when Mr Elston was left alone with Mr Keane, he dragged Mr Keane into his home and administered a punishment beating.
Mr Rice said Mr Elston used his phone to film him beating Mr Keane and not to ring Gardai for help. He concluded that it was done to send a message and cause fear.
Defending Barrister, Richard Liston, told the jury, that Mr Elston acted in good faith when he attempted to help Mr Ryan gain access to a pub in Listowel.
Upon being threatened by Mr Ryan, the defendant put his hands in his pockets, shrugged and returned to the pub, showing no signs of violence.
Mr Liston said when Keane and Ryan arrived at Mr Elston's home, he picked up his phone and rang the gardai.
Elston was then driven at and struck with Mr Ryan’s car and punched by Mr Keane.
Mr Liston said throughout this incident, Mr Keane was acting in self defence and did as anyone would.
He added that by law, a person is entitled to defend themselves and use force, they deem non-excessive, to protect themselves.
Mr Liston labeled the statement made to Gardai by Mr Keane, as the most self serving statement ever made; adding he disrespected the court while on the stand and it was clear Mr Keane didn’t go to David Elston's house that night to have a cup of tea.
Judge Sinéad Behan addressed the jury and told them to reach a decision based on the evidence and facts; adding to leave any sympathy and prejudice out of their decision.
The jury will continue its deliberations today.
