Woman to donate to charity after Ballinagh assault

AN assault between two women in a Cavan pub has resulted in one of them being ordered to donate §200 to a local charity.

  Elaine Kenny, Seangharrai, Ballinagh, was charged with assaulting Colette McKenna at McDermott's, Crossdoney, Ballinagh, on May 21, 2006.

  Judge Sean MacBride sitting at Cavan District Court ruled that if the money was paid by October 25 he would apply the Probation Act.

  Colette McKenna said she was in McDermott's pub socialising with Pauric Miney. She went outside for a cigarette and in the hallway she met the defendant. As she passed her, the defendant hit her an elbow and witness told her to leave her alone.

  Having finished her cigarette she went back into the pub and sat on a high stool. The defendant came in and hit her on the left-hand side of the face and Ms McKenna fell to the ground. While she was on the ground the defendant kicked her and Pauric had to pull her away.

  Ms Kenny was put out of the pub. Pauric rang MsMcKenna's sister and told her that Colette had been assaulted. The defendant's ex-boyfriend was living with Colette's sister. Colette never had any dealing with Ms Kenny. Ms McKenna had a swollen jaw and went to hospital with it.

  Cross-examined by Mr G Fortune, solicitor defending, witness said Ms Kenny left dolls at her front door, which her ex-boyfriend had bought for their child. Up until this Ms McKenna had no dealing with Ms Kenny.

  She did know her from school but was not friends with her.

  Ms Kenny was jealous that her sister was going out with her ex-boyfriend. The owners of the premises asked witness to leave the premises on the night.

 Pauric Miney said when Colette came back from her cigarette she sat down and was handing him the lighter when Elaine slapped her in the face and she fell to the ground.

  Judge MacBride said there seemed to be a history between the parties.

  Elaine Kenny said she went out for a cigarette and there was a fight in the back yard. As she turned around Colette was standing there and she banged into her. She asked her "What's your problem?" Colette went back into the pub.

  A few minutes later Elaine went back in and Colette began calling her rude names. She went over to Colette and shoved her off the seat and they fell to the ground. She denied she kicked Colette while she was on the ground.

  Cross-examined by Inspector G Curley, witness said she could not avoid Colette when she went out for a cigarette. She could have hit Colette while she was on the floor but it was accidental but admitted hitting her on the side of the face.

  Judge MacBride said he was satisfied the accused assaulted the victim but it was not cut and dry. There was an amount of provocation. Ms McKenna was subject to some cat-calling and unfortunately she took the law into her own hands.

  Drink was involved and he had no doubt that an assault took place but he was not sure if it was premeditated. If he made a compensation order he would add fuel to the fire. He would ask the defendant to make a donation of §200 to the Cavan Hospice. Judge MacBride said the parties should try and settle their differences in a civil way.

  If the money were paid by October 25 he would dismiss the proceedings under the Probation Act, he added.