At a unique special sitting of An Clochan Liath District Court technical experts were brought in to erect a system of TV screens for CCTV evidence to be shown to the Judge, prosecution and defence. The evidence related to an incident at the Sea View Hotel on December 30 last year which saw a number of young men embroiled in a fight outside the nightclub.
The events surrounding the melee which landed these five men were outlined to Judge David Anderson by Garda Ann Marie McMenamin. She told the court she was on mobile patrol when she received a call to go to the Sea View Hotel in Bunbeg where there was a row in progress. There were a group of approximately twelve males and when they caught sight of Garda McMenamin and Garda Paul Gallagher some of the men dispersed but a number of them began punching and fighting in the presence of gardai. Garda McMenamin said the men then moved out on to the main road and by the time she had turned the patrol car around and went on to the road there was a seriously injured male lying on the white line, who she found out to be Joseph Boyle of 57 Hill House, Loughanure. Garda McMenamin added that Maurice Boyle was also standing on the road and behaving in a very abusive manner. He shouted at her: "My brother, my brother, help my f***ing brother you b***h."
Garda McMenamin placed Joseph Boyle, who was at that time unconscious, in the recovery position. She said he came round but was coughing and spitting up blood. He was then taken to the NowDoc service in Bunbeg and Garda McMenamin stated that Maurice Boyle insisted in coming with them in the patrol car where he continued to be aggressive and abusive. She added he was highly intoxicated.
On arrival at the NowDoc service Dr. Trail told Garda McMenamin the situation was quite grave as the injured party was a haemophiliac. Garda McMenamin stated also that Maurice Boyle continued to act in an uncontrollable manner in the NowDoc centre.
At a later date Garda McMenamin identified Declan Boyle, John Boyle, Joseph Boyle, Maurice Boyle and John Ham from CCTV footage as being involved in the row in the car park.
Superintendent Eugene McGovern asked Garda McMenamin to confirm that the most serious assault took place outside the car park at Magheraclogher.
The court heard from solicitor Mr Frank Dorrian who represented the three brothers, Joseph Boyle, John Boyle and Maurice Boyle that these men had not been the instigators of the melee. He added that the row stemmed from the fact that Joseph Boyle had, earlier in the night, gone to assist a young lady who had fallen over. He said that someone then tackled him and this is where the situation developed from.
UNCONSCIOUS
Mr Dorrian also added that John Boyle was rendered unconscious at an early stage in the brawl and could be seen on CCTV footage being carried back inside the premises. He stated that the reason Maurice Boyle's name features most prominently in proceedings is becuase he had the most contact with gardai. He stated that Maurice Boyle was in an agitated state because his two elder brothers were being taken to hospital in an ambulance, and in that context he was hysterically behaving abusively. Garda McMenamin stressed, however, that he was not helping the situation.
Mr Dorrian also added that both John and Joseph Boyle were not in a position to identify who rendered them in this situation as they were unconscious. It is because of this, Mr Dorrian said, the most serious offenders in this situation were not before the courts.
Mr Cormac Hartnett, solicitor for Declan Boyle of Pole Road, Dungloe and John Ham of Acres, Burtonport stressed that his clients were not the main instigators of the fight and that the charges relating to them only referred to events within the car park and not to the more serious charges which took place on the Main Road.
He stated that in effect, Declan Boyle actually played the role of peace-keeper in the melee and John Ham was not directly involved. And Mr Hartnett added that it was an unfortunate situation that the people who instigated the situation have not assisted gardai.
He stated Declan Boyle was perhaps over-zealous but was left in a quandary as to whether he should legally turn a blind eye to what was happening or morally try and help. And he added that John Ham had a very peripheral involvement in the kerfuffle.
He said Declan Boyle is 20 years old and works for his family as a butcher. John Ham is 21 years old, currently unemployed but intends to start work with a local builder in the coming weeks. He added that neither have previous convictions relevant to the public order charges on which they were before the court.
Mr Dorrian told Judge Anderson that John Boyle is 21 years old and currently unemployed. Maurice Boyle is a third year student in Limavady studying sports and leisure and Joseph Boyle is a 30-year-old who plans to take up occupation in Scotland.
All five men pleaded guilty to the public order charges against them and charges relating to events which took place on the Main Road were dismissed. Judge Anderson noted that this was the first opportunity they had to enter a plea as they had not previously seen the CCTV footage.
DRUNKEN BRAWL
In conclusion, Judge Anderson stated it was clear to him that these five individuals were involved in a drunken brawl. He added that it was a similar situation as back in the days of the marquee, where the only purpose was for "young fellows to beat each other up". He added: "Nothing seems to change".
On Tuesday Maurice Boyle was before another special sitting of the District Court where he was given the benefit of the Probation and Welfare Act for a charge of criminal damage on October 4. Judge Anderson commented the time of this event at the Sea View Hotel happened inter-regnum between then and the 30th December. He stated that he was going to treat "today as if it were yesterday" and deal with Maurice Boyle by way of the Probation Act, adding that if he appeared before him again he would certainly receive a conviction. With regard to the other four men before the court Judge Anderson said he would also leave them with the warning of the Probation Act, which means a conviction against them will not be recorded provided they make a contribution of ¤250 each to the poor box.
He stated that they were all on the "escalator towards criminal records". The defendants have also been given until the 13th March to pay ¤278 each towards total witness expenses of ¤1390.
