The judge presiding over an assault conviction appeal by a Kerry County Councillor said he simply didn’t believe assertions made by the defence.
Judge Francis Comerford upheld Cllr Jackie Healy-Rae’s two assault convictions in Tralee Circuit Court last evening, in relation to incidents in Kenmare in December 2017.
Brothers Jackie and Kevin Healy-Rae, both of Sandymount, Kilgarvan, and Malachy Scannell, of Inchinacoosh, Kilgarvan, had all received suspended jail sentences for assaulting Kieran James in the town on 28 December 2017.
Cllr Healy-Rae’s appeal of those convictions was heard over two days in Tralee Circuit Court.
Barrister John Berry represented the county councillor.
Over the course of the two days, Judge Comerford heard evidence from the victim in this case, Kieran James, his wife Lauren, his two cousins Neily and Jane O’Sullivan, as well as Mr Healy-Rae himself.
The defence claimed Jackie Healy-Rae's role in the incidents were solely to keep the peace and protect his younger brother, and get him home.
He said he saw what looked like an older man lunging at his brother Kevin and restrained him in a headlock.
Mr Healy-Rae said his behaviour was appropriate to de-escalate matters, and rejected the claims that Mr James was struggling to breathe in the headlock.
He told the court he followed his brother up Main Street after he told him he wanted chips, but he suspected his brother had other intentions.
Prosecuting barrister Tom Rice said there were inconsistencies between evidence before the court and what he had told gardaí in his original interviews in March 2018.
These included that he did not remember a third man, who later turned out to be Malachy Scannell, a man he had known for years, being with him and his brother that night.
Mr Rice put it to Jackie Healy-Rae that he had lied to gardaí, to which he replied he didn’t want to involve anybody in this.
Judge Comerford told Mr Healy-Rae he had indeed lied to gardaí, and also about his motive for following his brother up Main Street, which he told gardaí was to see if chippers were open.
Mr Rice said he lied to gardaí to protect people who had assaulted good, decent people.
In his closing argument for the defence, Mr Berry said there were inconsistencies in the accounts given by the prosecution’s witnesses.
Closing for the prosecution, Mr Rice said there was a complete lack of credibility on the part of the accused, and that all three men including Jackie Healy-Rae, had intent to cause harm to Kieran James.
Jackie Healy-Rae appeared to bless himself as Judge Comerford reappeared to deliver his ruling.
Judge Comerford said Mr Healy-Rae’s assertions that despite fixating on his brother throughout the incident on Main Street, he did not see anyone strike anyone, were inconceivable.
Judge Comerford said he didn’t believe that Jackie Healy-Rae’s sole intention was to get his brother out of there or stop the attacks, because if he wanted to he would have.
He gave Jackie Healy-Rae a five-month sentence, suspended for six months, for the assault on Main Street, and a concurrent, three-month sentence suspended for six months, for the assault by the chip van, meaning the shorter sentence will be served within the longer one.
