Assault victim was 'saturated in blood' when gardaí arrived
The defendant was found guilty after a jury trial at Castlebar Circuit Criminal Court.
A man who left another male with lacerations to his neck and head has been found guilty of assault causing harm.
Eddie Cleary, aged 25, of Headford Road, Galway City, contested the case before a jury at Castlebar Circuit Criminal Court. The injured party, Michael McDonagh, aged 24, of Carrabeg Estate, Swinford, and orginally from Knock, is now deceased. His death was not related to this incident.
On September 4, 2020, the two men had been drinking together in Ballyhaunis. A witness reported finding the pair drinking cider and vodka in the back of an old car that was parked on his property.
A 999 call was made at 10.44pm by a staff member of Apache Pizza in Ballyhaunis after McDonagh entered with a large cut and appeared to be weak. Gardaí discovered the injured party on Bridge Street. He was bleeding profusely and pressure had to be applied to a laceration on his neck. He also had a large cut above his eye.
McDonagh initially refused to tell Gardaí his name and address but later identified himself. Gardaí said he was “saturated in blood" and had an 8cm laceration across his forehead to his right eye and a 25-30cm neck laceration. He was taken to Mayo University Hospital.
In CCTV shown in court, McDonagh and Cleary were observed in Chilli Kebab on Main Street, Ballyhaunis. The men were intoxicated and while at one stage they hugged there also appeared to be arguments between them.
CCTV at Bridge Street showed Cleary walking on one side of the road and McDonagh on the other. At one point, Cleary crossed the road and there appeared to be an altercation. Cleary walked away with the injured party following behind. Car park footage from the rear of Gem Costcutter showed the men again and McDonagh’s face appeared to be marked.
The incident which led to McDonagh’s neck and head being cut occurred in a laneway at Riverside where no CCTV was available.
State prosecutor Patrick Reynolds told the jury that "something happened along the laneway’, and while the case was based on circumstantial evidence, the fact was that Mr Cleary did not offer any kind of aid to Mr McDonagh and did not call the emergency services, but instead left the area. Mr Reynolds added that any reference to a white car in the vicinity of the area was a "red herring" on behalf of the defence.
Defending barrister Niall Flynn said the State was effectively asking the jury to speculate about events in the laneway as the Gardaí had no evidence, forensic or physical, of what had occurred there. He said it was clear from the CCTV that Cleary was trying to get away from Mr McDonagh. The presence of the white car created "a significant doubt" about who exactly was in the laneway.
The jury took 99 minutes to return a guilty verdict.
Judge Eoin Garavan ordered the production of a probation report and a governor’s report from Castlerea Prison, where Cleary is currently serving a sentence in relation to another matter.
The Judge adjourned sentencing in this matter until March 4, 2025.
