A North Kerry man is standing trial for the alleged assault and false imprisonment of a man at his house.
34-year-old David Elston, of Croagh, Lisselton, faces six charges, five of which relate to one incident in August 2021 in which he allegedly assaulted Martin Keane.
The last count he faces relates to intimidation of a potential witness in the case, the same Mr Keane, in November 2022.
A third man involved in the events of 30th August 2021, 25-year-old Seanie Ryan of 93 O’Connell’s Avenue, Listowel, pleaded guilty to assaulting Mr Elston that night.
The jury of seven men and five women were told Mr Elston will claim he acted in self-defence, in relation to the alleged assault of Martin Keane.
Prosecuting barrister Tom Rice told the jury that Mr Elston’s van was parked in Listowel on the night of the 29th August 2021, where it was damaged; and the jury will see CCTV of the van from a nearby business.
Mr Rice told the jury that Mr Elston strongly suspected Mr Ryan and Mr Keane were involved in damaging his van, and made threats to them on social media.
The jury was told Mr Ryan and Mr Keane drove to Mr Elston’s house in Lisselton, but Mr Elston was expecting them.
It’s claimed that Mr Keane got out of the car and walked towards Mr Elston, who then struck Mr Keane suddenly.
Mr Rice told the jury a garda car coincidentally arrived at the scene, and gardaí witnessed these events.
Mr Ryan then hit Mr Elston with his car, before attempting to escape; the garda at the scene called for back-up and took off in pursuit of Mr Ryan.
It is this offence to which Mr Ryan admitted before Tralee Circuit Criminal Court yesterday.
It’s the prosecution’s case that it was when this garda left, and before back-up arrived, that Mr Elston set about Mr Keane with weapons, threatened to kill him, and forced him into his house to assault him.
The jury heard that two batons were seized from Mr Elston’s house the day after the alleged assault, and blood was pooling in front of the couch.
The prosecution will argue that due to the incapacitation of Mr Keane, the force of violence could not be self-defence.
It’s also alleged that while the investigation was ongoing, Mr Elston came across Mr Keane, a potential witness, at a bookmakers in Listowel, and intimidated him to interfere with the investigation.
Mr Elston denies the charges, and the trial continues before Judge Sinead Behan.
