Rock used in Dernaferst assault

There was a heavy consumption of alcohol at an early morning get together at Dernaferst on the shores of Loch Gowna, Cootehill District Court (sitting in Cavan) heard. Two young men appeared before the court charged with assault arising from the incident. Aidan Rea, (25), 66, Devine Crescent, Edgeworthstown, was sentenced to nine months imprisonment by Judge Sean MacBride for assaulting Bernard Tully causing him harm at Dernaferst on the date concerned. Judge MacBride held that Rea struck Tully on the head with a stone on the occasion. Judge MacBride also convicted a youth, (who was a juvenile at the time of the incident), of assaulting Bernard Tully on the same occasion. Directing the youth to undertake 180 hours of community service in lieu of four months imprisonment Judge MacBride held that he played a minor role in the incident. A number of witnesses gave evidence in the case. Ricky Noble stated that words were exchanged between a group of those present. They were talking loud and as he turned around and walked away he heard the sound of a bottle hitting something. Three lads were standing there and Bernard Tully was staggering and bleeding. Two youths, including the juvenile, had bottles in their hands. Witness saw Aidan Rea with a bottle earlier but he didn't see him with anything in his hand at that point. He heard a sound like 'ding, ding' as Bernard was hit with the bottle. Witness took Mr. Tully up to meet his mother. The others made no attempt to assist Mr. Tully, he said. Replying to a defending solicitor, witness said that he didn't see who hit Mr. Tully with the bottle. In her evidence Natasha O'Donnell recalled the night concerned. The youth before the court and Bernard Tully were exchanging words. Another youth hit Bernard Tully in the back of the head. When Inspector Alan Cunningham pointed out to witness that she said in her statement that Aidan Rea hit Bernard Tully with a rock, witness replied that she didn't know where that came from, she didn't remember saying that. Judge MacBride stressed the seriousness of what witness was saying. She had made a statement to gardaí and was now seeking to disown what she had said. He told her to stand down while he heard from the garda who took the statement. Garda Justin Browne informed the court that Natasha O'Donnell made the statement on September 6, 2008. He proceeded to read the statement to the court. According to it, Ms O'Donnell said that on Friday, May 23, 2008 she went to the campsite with others. Ricky Noble was driving and they arrived at about 11.30pm. At around 12.30am other young people arrived from Edgeworthstown. An argument started around 2am and she saw a youth hit Bernard Tully with a Budweiser bottle and Aidan Rea hit him with a rock. Those individuals ran off and left in a car, according to Ms O'Donnell in her statement to gardaí. Judge MacBride put it to Natasha O'Donnell that the statement she made to Garda Justin Browne was true and correct. Witness replied that it was. Garda Daniel O'Connell said he recorded memos of interviews with Aidan Rea and the other defendant. The young person referred to pushing and shoving between another youth and Bernard Tully. He recalled hitting Bernard Tully a slap on the jaw with his open hand. The other youth then came up behind Bernard Tully and hit him on the head with a bottle. Aidan Rea hit Bernard Tully with a rock on the back of the head. Ms Mimnagh put it to Garda O'Connell that while being interviewed by the garda the defendant, Aidan Rea, denied on 15 occasions that he touched Bernard Tully. In evidence Aidan Rea stated that there was a lot of drink consumed on the occasion. Asked by Ms Mimnagh if he hit Bernard Tully with a rock, witness replied 'No'. He knew the Tully family well and didn't have any reason to hit him. Witness said that he lived at home with his father and mother and helped look after his brother, who was mentally handicapped. With regard to the incident at Dernaferst he recalled an argument taking place and when he turned around he saw Bernard Tully covered in blood. He did try to save Bernard. He never fought a case in the past and if he was wrong he would say so. Inspector Cunningham asked the defendant why he was present at the campsite with people who were much younger than he. The defendant said he was drinking with one of the youths and some of his mates. He didn't know who was at the campsite on the occasion. In respect of the case against the youth, Judge MacBride held that it was an unprovoked assault by this defendant on Bernard Tully but he had a minor role in the incident. He directed that the youth should undertake 180 hours community service in lieu of four months imprisonment. He adjourned the case to the court on March 4 so the Probation Service could assess the defendant's suitability for community service. Inspector Cunningham informed the court of Aidan Rea's previous convictions, which included drink driving, public order, unlawful possession of drugs, criminal damage, burglary and unauthorised taking of an mpv. Ms Mimnagh submitted that the offences were committed when the defendant was aged about 18. He had now seen the error of his ways, she said. The defendant's mother said that her son had a drug addiction problem when he was young but was doing well now. He stayed at home to help her other son, she stated. Judge MacBride sentenced Aidan Rea to nine months imprisonment in Castlerea Prison, fixing recognisances of €1,000 cash in the event of appeal. Ms Mimnagh indicated that the defendant was applying for bail and was entering the €1,000 cash bond right away. Judge MacBride instructed that the defendant must refrain from any contact with the injured party while on bail.