Woman recorded front door assault on her husband by Louth man
Representing himself, he alleged that the older man was assaulted by his wife.
However, Judge Nicola Andrews convicted the defendant and sentenced him to four months imprisonment. Mr O'Brien lodged an appeal and was released from custody.
The injured party, who is in his seventies, said that he was sitting in the house with his wife around 7 or 8pm when he heard a knock on a window, followed by three or four more.
He saw a man walking around the house. This person began shouting for him to come out.
They opened the door after half an hour. Mr O'Brien pushed his wife back and 'hit me a thump on the face'.
He continued that he knew the other man two or three years.
Cross-examined by the accused, he said that his wife 'definitely did not assault me'.
She gave evidence that Shane O'Brien was battering the window and the front door.
When she went to the door he said that he wanted her husband. The lady replied that she was getting the gardaí. He said that he didn't care.
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'He charged at the door and pushed the two of us in' before hitting her husband.
When the guards came she handed them a copy of the video.
This witness told the defendant that she didn't assault her husband. Neither did she edit the video.
Gda Andrew Meehan said that at 8.40pm he received a report of an assault in which it was alleged an irate male had arrived at a house and swung a clenched fist at the injured party.
He saw a little blood to the victim's mouth.
Gda Meehan continued that he subsequently arrested Shane O'Brien who was living in a mobile home at Slievenaglough. He said that he made no reply after caution.
Under cross-examination the officer said a 1 minute 41 second video was handed to him. It wasn't disclosed to him that there was a further recording.
Shane O'Brien testified that he was not allowed to speak to the older man by phone and that was why he called around.
Judge Andrews said the incident complained of was captured on the video.
Aggravating factors included the age of the injured party. The defendant had behaved in a threatening way.
Mr O'Brien, who has previous Road Traffic convictions, was sentenced to four months imprisonment.
Bail to appeal was set at a personal bond of €100, nil cash lodgement.
Funded by the Courts Reporting Scheme
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