Kildare man found guilty of assaulting girlfriend's ex-husband 

A MAN who pleaded not guilty to punching his girlfriend’s ex-husband on the latter’s property was found guilty and fined €500 this week.

The defendant Robert O’Brien (51), of Tinhill, Glasshealy, Ballitore, was accused of striking Andrew Buckley at his property at Ardellis Lower, Athy on 24 February 2024.

Since his estrangement, Mr Buckley no longer lived at the Athy address, while Mr O’Brien did at the time of the incident. However, Mr Buckley maintained a workshop and premises at the location.

Because of this business, the court was told he had a number of difficulties with Mr O’Brien allegedly parking his van inappropriately, denying him regular access and even provided a circuit court injunction to stop Mr O’Brien from parking his van there.

In evidence, investigating officer Garda Niall O’Loughlin told how he had been called on the day in question about an incident, “where a male alleged he was punched and pushed”.

“He said he punched the side of his head and punched his stomach several times,” recounted the garda.

“I saw no injuries on this man, there were no marks visible.

“The (defendant’s) girlfriend didn’t want to turn up today, and both parties made statements."

Defending solicitor Seamus Taaffe revealed that Mr Buckley “made admissions to get an adult caution”.

An adult caution occurs when an individual takes responsibilty for lesser actions, and a garda inspector or superintendent will issue such a caution, saving one from a court appearance.

When he took the stand, Mr Buckley revealed the injunction to the court and said: “On the day in question, Mr O’Brien was parked in front of my house”.

He added: “My solicitor had told me to take photos, and that’s when Mr Buckley approached me, put the phone in my face.

“I’m sick of telling him about parking there.

“He won’t leave us alone … so I went to the ex to tell her to get him out."

“Did you like him filming you?” asked Mr Taaffe.

“No,” said Mr Buckley.

“My client will say you punched him in the face,” said Mr Taaffe.

“No, I pushed his phone out of my face,” said Buckley.

“Did you touch my client?” asked the solicitor.

“Yes,” admitted Buckley.

“My client will say that he was filming the first punch, and three more to the stomach,” said Mr Taaffe, which was again denied by Mr Buckley.

“My client pulled your hoodie over your head head to protect himself,” said Mr Taaffe.

“No, we were wrestling, I couldn’t see anything. I was kicked,” said Mr Buckley.

“That’s not in your statement … the garda said there were no visible injuries … for an adult caution you accepted you assaulted my client,” concluded the solicitor.

Mr O’Brien then took the stand and Inspector Laura Dragoi questioned him.

“Why were you taking a video?” she asked.

“He was interfering with my van and he has been violent. I didn’t know what he was doing at my van,” said the defendant.

He then admitted he has since broken up with the girlfriend in all this because “she wouldn’t testify … she’s terrified”.

“You’re telling me you were unaware of this court order?” asked Judge Desmond Zaidan, and Mr O’Brien again said he wasn’t.

“Clearly the two were involved in an event … Mr Buckley went to the doctor and this cert lists his injuries, and he took responsibilities with the adult caution,” said Inspector Dragoi.

“Mr Buckley was very clear in his evidence; he didn’t start it. Mr O’Brien did with his videoing,” she added.

“Obviously there were eye-witnesses, but we can’t speculate what they saw,” said the judge.

“I have no doubt in my mind that Robert O’Brien was economical with the truth … his defence was self-defence, but the subsequent assault of this man was totally inappropriate and I’m convicting him of Section 2 assault,” he ruled.

“This was a highly-charged atmosphere, my client is 50 years’ old and has no previous,” said Mr Taaffe.

The judge remarked: “The garda said he wasn’t suitable for an adult caution, there was no remorse, no sorry, why shouldn’t I send him to jail?”

“A court has told you to not park your van … I think I’m going to nominate you for Hollywood, for best cameraman … a bit of tact would go a long way,” he said, before issuing a €500 fine.

“And you’re getting away very lightly,” he concluded.