An incident where a cyclist told that he was punched and kicked by a motorist resulted in a 64 year-old Kildalkey man facing charges of assault and criminal damage. After hearing the evidence in the matter, Judge Eirinn McKiernan said she was not satisfied beyond a reasonable doubt and dismissed the case against Eugene Kealey, a professional driver of Cloneylogan, Kildalkey at Trim District Court on Thursday. The defendant denied the charges which arose on September 28 2023 when the injured party said he was on a training spin on the R147.
He said as he approached the Blackbull roundabout he saw a Toyota Land Cruiser coming behind him. He noticed the driver indicate for Fairyhouse and he put his left hand out for the Trim Road. The Land Cruiser came over to his side and he was worried that the driver didn’t see him. He had a phone in his left hand to his left ear. Witness said he let a shout to let him know he was there. The driver immediately dropped his phone and put his hand down from his ear. The injured party continued continued, half way across the bridge the Land Cruiser overtook him and braked and forced him to stop.
The driver got out of his vehicle and approached the injured party, identifying himself as a Garda. The defendant became aggressive and pointed aggressively at his chest. The injured party continued that the defendant hit him on the head and hit him another blow to the head.
He added that the defendant kicked him on the arm, chest and leg. The injured party struggled to get back up and said he thought the defendant standing with his fist clenched was going to attack him again. The defendant threatened to throw him over the bridge, he said.
The injured party said he lashed out and kicked the defendant in the leg. An articulated truck pulled up and the injured party got up and walked away and dialled for help and a Garda arrived.
The truck driver found the injured party’s glasses on the opposite side of the road. The injured party said he declined medical assistance, explaining he was close to and wanted to get home. He didn’t feel great and went to his GP who called an ambulance because of the couple of blows he received to his head. He was examined and X-Rayed in hospital and given pain relief and released that evening.
He told that his glasses were insured. One of the lenses was completely missing. Miriam Regan, solicitor, said the defendant denied he was on the phone and that he indicated in the direction the injured party said. The defendant’s version was that he stopped his car to see what the injured party was shouting about. The injured party got off his bicycle. He put it between him and defendant and pushed it towards him.
The defendant sustained injuries to his hand from the bicycle making contact with him. The injured party pointed out that skin of the defendant was found in his helmet.
Miss Regan put it to him that he lifted the bicycle and in the in the action the defendant fell to the ground. The defendant asked the truck driver to stay at the scene because of the injured party’s aggression. Miss Regan put it to him that the defendant didn’t identify himself as a Garda. The defendant in evidence said he “genuinely” didn’t know what was going on and claimed the injured party went berserk. He denied assaulting the injured party. He said his biggest regret was that he stopped, saying he didn’t hit, kick or punch the injured party.
Replying to Inspector Fergus Mulhern he said he genuinely thought there was something wrong with the injured party. The Inspector put it that he stopped because he was angry that the injured party shouted at him. The Inspector suggested that the injury to his knuckle could have been the result of throwing a punch, which the defendant denied and kicking the injured party on the ground. His re-action was to defend himself. Miss Regan submitted that the evidence fell short, and sought a dismissal.
