TWO girls in their twenties from the Derrybeg area have been warned by a District Court Judge that they are in serious danger of putting their future careers in child care in jeopardy after they were before the Court this week on assault charges.
In a lengthy case before a special sitting of An Clochan Liath District Court four girls appeared on a variety of assault and public order charges stemming from an incident outside a disco at the GAA club in Magheragallon, Derrybeg on July 1, 2005.
The Court first heard from Triona Ferry of Glassagh who claimed she was assaulted by Helena White of Crolly, Bunbeg and Laura Lynch of Stackeenagh, Derrybeg. Ferry told the Court that as she was leaving a disco in the GAA club at about 3am she heard her name being called. As she turned around she claimed she was grabbed from behind and pushed up against a wall by White. She then alleged that White began hitting and shaking her and banging her head against a wall. She said White then put her up against a car and along with another two girls, one of whom was Laura Lynch, began hitting her in the ribs.
Ferry said she kept trying to look up and could see a number of people watching but "couldn't understand why no one bothered to help" as she was being attacked. At this point Ferry said Bridin McGarvey, of Glassagh, Derrybeg, grabbed her hand and pulled her away from her assailants and started pulling her toward a waiting car. She then claimed that White grabbed McGarvey and said "it's none of your business".
Another girl, Anita McFadden of Carrickmacafferty, Derrybeg, then pulled her into the car. Ferry said all she could see was people looking into the car. Out of the left-side car window she saw McGarvey on the ground with White standing over the top of her. McGarvey then began to crawl toward the car and when she got in Ferry told her there was a lump on the side of her face which "looked like a golf ball under her skin".
Under questioning by Superintendent Eugene McGovern, Ferry stated that her ribs and the side of her face were the most badly injured. She went to the local NowDoc service after the incident and was sent to Letterkenny General Hospital for x-rays which confirmed she had bruising around her ribs and torn ligaments.
Ferry maintained she did not know what the fight had stemmed from and recalled very little of what was said to her by White. On cross-examination by solicitor for the defendants, White and Lynch, Mr Frank Dorrian asked Ferry exactly what had happened to spark this fight. He stated that Lynch and White maintained Ferry and her friends had been banging into them on the dance floor of the disco. He added: "This could not happen in a vacuum and there has to be some reason behind it." Ferry maintained, however, that she was never aware of why she was being attacked by White and Lynch. She added that after she had read statements by the defendants she noticed the name of Tony Curran appearing a number of times. Ferry told Judge Anderson: "Tony Curran is a friend of mine from school. He is Laura Lynch's ex-boyfriend. They broke up on Monday and the disco was on Thursday."
Ferry recalled talking to Curran on the night in question and said she hugged him because he was upset about breaking up with Lynch but then she walked away. She denied elbowing White or pulling her hair after talking to Tony Curran.
'OUT OF NOTHING'
Mr Dorrian put it to Ferry that this was an event in a sequence which culminated in the fight outside. She stated: "To me, it happened out of nothing".
Bridin McGarvey and Anita McFadden were both brought before the Court as a state witnesses, but also as defendants following charges of assault brought against them by White and Lynch.
McGarvey corroborated the evidence given by Ferry and told Judge Anderson that she sustained severe injuries to her eye after she was attacked by White. She said that she had gone to help Ferry but was grabbed by White who dragged her along and started banging her head off a parked car. Following the assault she was treated by NowDoc but the next morning could not open her eye. She went to Letterkenny General Hospital where x-rays revealed she had a fractured bone under her right eye. She also suffered a scrape to her retina and was transferred to Sligo General Hospital. She told Judge Anderson that she has since made a full recovery. Under questioning by Mr Dorrian, McGarvey denied she slapped White across the face.
Anita McFadden was brought as a State witness but was also accused of assaulting Laura Lynch. In her evidence she told Judge Anderson that she saw White and Ferry arguing in the porch of the GAA club and was attacked by Lynch when she tried to intervene. Mr Dorrian put it to her that the incident stemmed from an argument between White and Ferry outside the building and not as Ferry had claimed, an unprovoked attack.
Following the conclusion of the case made by the State, Judge Anderson stated that having heard the allegations and the significance placed on the commencement of this event by Mr Dorrian, the fact that assaults on Ferry, McGarvey and McFadden by White and Lynch were unchallenged meant the only issue was one of justification by White and Lynch.
Following a brief adjournment, both Lynch and White withdrew the charges of assault against McGarvey and McFadden.
Photographs of the injuries sustained by McGarvey were handed into Judge Anderson by her solicitor Mr Eamonn McBride along with medical reports.
Outlining his client's position, Mr Dorrian stated that they maintained it stemmed from a relationship between Lynch and a third party who was not before the court. It did not occur in a vacuum, but from a heated argument.
He continued that both Lynch and White had left school prematurely and were currently in the adult education system. He stated that White is studying child care, while Lynch intends to work with children with disabilities.
In concluding, Judge Anderson stated: "White is guilty of assault causing harm to Bridin McGarvey. The injuries sustained to her jaw below her right eye are far from pleasant to view. Whilst the whole incident may be termed gratifying to the ego of the male involved, it does not make gratifying viewing from this angle."
SCHOOL OF THOUGHT
He continued: "There is a school of thought on this island and a much stronger one presently on the adjoining island that people even alleged to have been involved in criminal matters should not be let near children."
"There is difficulty on this Island of someone convicted of a criminal offence getting employment in certain walks of life. And there is a presumption that a conviction will not be remembered only in the criminal justice system, but also by everyone else."
He added: "Such is the way of the world and it is certainly not fair and not the way our Constitution is supposed to work, but that is the way that things are going."
Referring specifically to the charges before the Court Judge Anderson commented: "This is all fine and simple in terms of a Section 2 assault but we are dealing with serious injuries as sustained by Ms McGarvey, even though to be fair she is making little of it before the Court."
Addressing White and Lynch directly he stated: "I want you two to be aware of the danger you are in with regards your career because of this behaviour. A conviction has been described as an 'economic life sentence', especially in the case of someone who wants to work with children."
Judge Anderson expressed his belief that McFadden and McGarvey were not totally innocent in the events and he stated: "Because you are not getting convictions I am worried you will feel victorious. That is not going to happen."
White and Lynch were both given the benefit of the Probation and Welfare Act because of their age. Addressing Ferry, McGarvey and McFadden he stated: "You three were involved in this melee". He then proceeded to bind all three over to keep the peace. "This bond will be there for the next couple of years. The Superintendent will be aware of it in the case of any repetition or friction."
