Kildare father filmed and punched autistic man who was ‘staring’ at him and his son

A 33-year-old man told Carlow District Court he punched an autistic man at a petrol station because he feared for his safety and that of his 12-year-old son.

Conor McAleer, Popefield, Athy, defended by solicitor Mr Joe Farrell, was charged with Section 3 assault under the Non-Fatal Offences Against the Person Act following an incident at Tullow Flynn’s Service Station on Dublin Road, Carlow, on 16 November 2024.

The injured party told the court he was rolling a cigarette near the shop doorway and as he exited, he noticed a man filming him with a phone outside. “He put his phone on his car and started filming me. I walked over to him and asked him to stop filming me, that no permission was given. He walked over to me and punched me in the mouth and knocked my tooth out,” the injured party said.

The man, who is autistic, said he didn’t know the accused and described being left in shock after what he saw as an unprovoked attack. “I was in shock, I was shaking like a leaf,” he told the court. He said McAleer “said nothing to me, he just walked over and punched me in the mouth. He said nothing after punching me.” The injured party contacted his mother and gardaí before seeking medical attention at Caredoc for his injuries.

Garda O’Connor gave evidence of meeting the man who was punched and observing injuries to his mouth area, noting the missing tooth. He handed an injury photograph to Judge Carthy and said he identified Mr McAleer as the alleged perpetrator.

When arrested and interviewed on 26 November, McAleer told gardaí: “My son noticed a man staring at us. As I passed the man (in the shop) I said ‘next time you see us, you’ll know us’. He was staring at us again outside. I was on my phone. He ran towards us. I know I hit him but I’m not sure if it was once or twice.” Mr McAleer claimed the other party “was the aggressive one, coming towards me” and said: “I didn’t know if he had a weapon, I was with my son, I didn’t know what he was going to do.” “Mr McAleer cooperated. He couldn’t have been more forthright,” said Garda O’Connor.

Giving evidence in court, Mr McAleer said his son had alerted him to someone looking at them in the shop. “I only started videoing when I reached the jeep, my phone was in there,” he testified.

When asked why he punched the man, McAleer said: “I saw him running towards us. I didn’t know what his intentions were. I’ve never been in trouble for assault before. It was a fight or flight situation.” Under questioning from Inspector Conor Nolan, a fuller picture of the incident emerged.

The inspector put it to him: “(The injured party) hadn’t said a thing to you at that stage. You pulled out your phone as he left the shop. He hadn’t engaged with you. You started recording him and spoke to him (in the shop); he hadn’t engaged with you.” Inspector Nolan continued: “His hands were in his pockets as he walked towards you. And you came out putting fists up in a fighting stance. What risk did he pose?” When pressed on whether the punch was justified, Mr McAleer conceded: “Now that I know everything it probably wasn’t (justified) but in the moment I didn’t know his intentions.” 

Solicitor Mr Farrell argued the case involved reasonable force in self-defence, describing it as an “unfortunate situation” and noting his client’s “very honest answer”.

CCTV footage of the incident was played for the court from several angles, with Garda O'Connor providing narration.

After reviewing all evidence, Judge Geraldine Carthy delivered her assessment: “They say a picture paints a thousand words. Was the force used reasonable? No. Unfortunately, I don't believe it was reasonable. Mr McAleer could have pushed him away, but he absolutely punched him in the mouth. (The injured party) lost a tooth. It was absolutely unreasonable.” Despite finding the force unreasonable, Judge Carthy opted not to make a final decision, instead ordering a probation report for McAleer and suggesting the parties explore compensation as a potential resolution. “Could there be a meeting of minds?” she asked.

The judge also provided time for the injured man to prepare a victim impact statement if he wished. The case was adjourned until December for final determination.