Victim acting the maggot to some degree got what he deserved, says Judge

â€Å“TO a certain degree, he got what he deserved. He was acting the maggot, but I think the defendant went a bit over the top,â€Â was how Judge Browne summed up an assault case in which the victim was hospitalised and had his jaw broken in two places. Judge Geoffrey Browne made his comments when dealing with an assault case taken against John Ward of 12 Tirboy, Tuam. The Court heard that Thomas Feeney arrived in Tuam from Galway with two friends on the night of October 13, 2011 and became intoxicated on a mix of alcohol and Valium. Evidence was given that Feeney had made a nuisance of himself in Scruffy Duffyâ€â„¢s pub on the Square before he went to Tir na nOg on the Dublin Road where he was refused service because he was so drunk and aggressive.[private] However, Feeney denied this. He admitted when it was put to him by Judge Browne that he had been drinking for most of the day and could have consumed up to 15 pints. He also admitted he had taken his prescribed dose of Valium, which at the time was six tablets per day. However, he denied evidence given by one witness, Charlie Ward Jnr, that he was â€Å“taking Valium by the fistfulâ€Â on the night, swallowing them straight from the container. He insisted that John Ward had launched an unprovoked attack on him in Tir na nOg and then beat him senseless outside on the street with some other men. He also denied throwing his phone and hitting a customer, Noel Reilly, in the face with it, explaining that he threw it on the floor in Tir na nOg in frustration and part of it flew up and hit the customer by mistake. He also denied, when it was put to him by defence solicitor Michael McDarby, that he only made a complaint against Ward when he realised he wasnâ€â„¢t going to get any money from him for not going to the Gardai. Threw phone In evidence, John Ward said he was drinking in the pub when Feeney arrived and began making trouble. He threw his phone at a customer and hit him in the face. Ward said he left to use the ATM machine at the AIB when Feeney followed him out and attacked him. He only acted in self-defence. Two Garda witnesses told of arriving on the scene and seeing Ward punch his victim an number of times in the head before grabbing him by the hair and kneeing him four or five times in the face. They intervened but Feeney didnâ€â„¢t want to press charges and left the scene. Ward was arrested. Ward said he had also had been injured but his doctor failed to note his injuries because he had failed to inform him that they were the result of an assault. Michael McDarby pleaded that his client was the victim of a man who was out of his mind on drink and drugs. He tried to avoid him but in the end had to defend himself. He was also upset that the proprietor of Tir na nOg had not turned up in Court to give evidence, despite him having summoned Mr McHugh as a witness. â€Å“Feeney was high on a concoction, a mix of drugs and alcohol. Unfortunately Mr McHugh, the owner of the pub, is not here to testify. I find this very annoying. He serves drink to everybody but wonâ€â„¢t turn up in Court to give evidence when something goes wrong,â€Â he said. In evidence, Charlie Ward Jnr, a friend of the defendant, said he saw Feeney attack John Ward and Ward acting in self-defence. He admitted he had lied when Gardai at the scene asked him if heâ€â„¢d seen anything, but this was because he didnâ€â„¢t get on with the Guards and he thought nothing would come of the incident. He told Insp Oâ€â„¢Dwyer that he had put his hand on the bible and was telling the truth. â€Å“There are a lot of people in here doing that today, the Inspector replied. â€Å“Judge, Iâ€â„¢m being honest,â€Â he declared. â€Å“Of course you are. Everybody here today is being honest,â€â„¢ the Judge replied. Insp Oâ€â„¢Dwyer said Ward had carried out a barbaric attack and regardless of what went on, it had not been justified. Michael McDarby argued that there was ample evidence presented that a number of people had hit the victim, so there was no way of knowing who did the damage. Judge Browne concluded by saying he could understand what happened because Feeney had been acting the maggot, and to a certain degree had got what he deserved. However, he did feel Ward had gone overboard. On learning Ward had no previous convictions, he imposed the Probation Act.[/private]