A nephew told his uncle after headbutting him in the face in a lunch-time assault at an Ennis retail outlet that “I’ve been dying to do that for a long time”.
Brendan Nevin, 61, was giving evidence at Ennis District Court of the assault by his nephew, Gordon Hogan, aged 34, of Fountain, Ennis, at Lynch’s Centra on Gort Rd on October 15 last.
Mr Nevin said Hogan first shouldered him into a chocolate stand “and then jumped into the air and came down and hit me on the right side of my face with his head”.
Mr Nevin sustained a broken tooth and required root canal work costing €900 as a result of the assault.
Mr Nevin is married to Hogan’s aunt. Judge Patrick Durcan said “there is a war that is now engulfing the Hogan family” after hearing of a disputed will in the family.
In an interview with gardaí, Hogan claimed that after he went to headbutt Mr Nevin, his uncle said: “You’ll never prove what we did.” This was denied by Mr Nevin under cross-examination.
In the Garda interview, Hogan said he was going to give Mr Nevin a shoulder “because I thought this lad needs to grow up”.
Hogan said he threw the headbutt in self-defence. Mr Nevin denied making contact with Hogan with his hand.
Mr Nevin told the court he had nothing to do with the dispute over the will. “I am not named anywhere in the will — it is nothing to do with me. That’s not my issue.”
Daragh Hassett, for Hogan, put it to Mr Nevin: “You might benefit though.”
Mr Nevin said: “I certainly won’t benefit.”
Under cross-examination, Mr Nevin denied he was involved in three different aggressive episodes with Mr Hogan prior to the assault in question. Mr Hassett said: “You were being aggressive and trying to a start a conflict over the will.”
Hogan contested the assault charge. However, Judge Durcan said: “I am satisfied beyond all reasonable doubt that there was an assault by Gordon Hogan on Brendan Nevin. It was a premeditated situation.”
He said: “Mr Nevin was wronged.”
After Hogan paid Mr Nevin the €900 in medical expenses, Judge Durcan said he doesn’t intend to criminalise Hogan and if he stays out of trouble over the next 12 months, he will strike out the case next July.
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