Ballinfoyle man jailed for kicking a woman

Man claims he had been assaulted with knife

A Ballinfoyle man who denied kicking a woman in the chest and smashed a tyre into the windscreen of a car was jailed for 19 months and disqualified for eight years when he appeared at Galway District Court last Monday.

John Barrett failed to contest the charges of assaulting Margaret Mongan and the criminal damage of the windscreen of a vehicle belonging to her husband, Michael Mongan, on January 16, 2009. The 25-year-old with an address at 143 Ballinfoyle Park, Headford Road, claimed that he had no reason to hit the injured party and that he had been attacked with a knife.

Margaret Mongan gave evidence that a window of a house, belonging to the defendant’s brother, had been broken. Barrett came down to her house and she was kicked in the chest. She then alleged that the defendant picked up a spare tyre and threw it at her husband’s car breaking the windscreen. Defence solicitor Valerie Corcoran put it to the witness that an injury to her client’s face had been caused by a knife and not by a nail as claimed. She added that the complaint was a complete lie.

“I will not tell a lie on the Bible for anyone,” said Mrs Mongan who later added that she wouldn’t use a knife on anyone.

Garda Patrick Foley said that he had to separate both parties and escort the defendant back to his own house. He was later called back to the area and met with a “visibly shaken” Mrs Mongan. She and her husband said that Barrett had returned and Mrs Mongan had been kicked in the chest. Garda Foley said that he could see a cut to the left side of Barrett’s jaw and when questioned he said that Margaret Mongan had made it with a knife. However Garda Foley said that no official complaint had been made by the defendant.

Ms Corcoran immediately said that her client wanted to make a complaint but that he was unable to because he had been remanded in custody since the incident and Garda Foley had neglected to take a statement from him.

Barrett told the court that he had been talking to Mrs Mongan for less than three minutes when he was cut across the face with a knife. He stressed that he had “no reason to lay a hand on her”. He claimed that gardai had “brushed him off” and were prejudiced against him because he was known to them. “I have a bad history but there’s no history of hitting women,” he said.

“He [Michael Mongan] was so fearful he got the shovel,” said Inspector Sean Glynn.

“I haven’t got a gun, I have no licence for one... I am a victim myself,” replied Barrett.

Inspector Glynn then explained that Barrett was charged with dangerous driving, driving without insurance and driving licence, and failure to produce both documents on December 9, 2008, at 5am at Old Monivea Road. On January 16, 2009, Barrett was pulled in at Tuam Road where he failed to produce insurance. A search was carried out and €20 worth of cannabis herb was found in his back pocket. He later crashed into the wall of an estate at Scellig Ard, Headford Road, and was arrested. He then failed to comply with a request for a blood/urine sample by refusing to come out of his cell. On the same date at 9am the defendant had entered Petworld in Terryland and left the store without paying for an electric radio dog fence worth €280. Inspector Glynn added that Barrett has 88 previous convictions.

Judge Mary Fahy convicted Barrett and imposed a total of 19 months in jail and disqualified him from driving for eight years. Barrett was also fined €200 payable forthwith.

 

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