A JUDGE in Limerick refused to hear a case concerning an assault after learning that the victim in the case suffered a broken jaw.
Patrick Shanahan (35), a father of four who was described as homeless, was willing to plead guilty to a charge of assault but only if the case was being dealt with before the district court, Judge Patricia Harney was told by his solicitor.
After asking what the injuries were in the alleged assault, Judge Harney was told that the victim had a fractured jaw.
Mr Shanahan’s solicitor told the court that it was his client’s case that there had been an altercation and that it was not a one-sided event.
“We are talking about a fractured jaw. If the people involved want to engage in hand-to-hand combat that’s their business, but from a point of jurisdiction I will not hear it, ” Judge Harney said.
Judge Harney sent the matter on from the District Court in which she was sitting to the circuit court, where higher penalties can be imposed for an assault if proven.
However she dealt with the man’s plea to charges of stealing goods from Aldi and Gleeson’s Spar shop to the value of €48.24.
The court also heard Mr Shanahan was arrested while Gardaí were called to an altercation in August 16 in Alphonsus Street in Limerick City, after he abused Gardaí, calling them “scumbags” and “bastards”.
Judge Harney was told the accused had 52 previous convictions.
His solicitor, Darrach McCarthy, said Mr Shanahan’s problems arose from “old school addiction”.
“When he first came before the courts, he was a hard working man, but when he got wages he would drink it.”
Mr McCarthy said his client “wasn’t being clandestine” about any of the matters before the court.
Judge Harney retorted: “With respect, it sounds like your client wouldn’t know what day of the week it was.”
She sentenced Mr Shanahan to three weeks in jail for public order and abuse of the Gardaí, four weeks for the thefts, and six days for failing to appear in court on previous occasions.
