Man used car to assault burglar, court hears

A businessman on trial for assault causing harm and for endangering the life of a burglar who broke into his house was already successfully sued for €175,000 by the man, a court has heard.

Louth-based property developer Martin McCaughey, aged 48, Benvista, Mount Avenue, Dundalk, denies reckless endangerment at Clann Chullainn Park, Farndreg, Dundalk, on June 27, 2008.

He also denies assault causing harm to Daniel McCormack, aged 27, of Clann Chullainn Park on the same date.

The state claims Mr McCaughey used a Mercedes car “as a weapon” to assault Mr McCormack.

Giving evidence at Dundalk Circuit Criminal Court yesterday, Mr McCormack said he had been very drunk when he left his house in the early hours of the morning and went into Mr McCaughey’s home.

He did not remember everything but could recall going in a side door and into an upstairs bathroom, where there was jewellery at the sink.

He told the jury he found himself there “with jewellery stuck in my pockets”.

He then heard shouting and ran towards his home.

He was in his estate when he said he was struck by a car. He said he “limped on” and got hit a second time by it. He said Mr McCaughey told him “I will kill you if you get up”.

Both Mr McCormack’s legs were broken and he was in hospital for two and a half weeks. He was in a wheelchair for six to eight weeks, then on crutches.

The court heard that Mr McCaughey was dressed in just his boxer shorts and he had shouted at Mr McCormack as he ran from the house.

Cross-examined by Brendan Grehan, defending, Mr McCormack agreed that when he went into the house, “I was trespassing”, and was “looking for things to steal”.

Mr McCormack also agreed he had left his home that morning planning to burgle houses, and had done this before. When it was put to him that he has always been treated leniently by the courts, he replied “yes.”

He said he did not know that Mr McCaughey had built the estate he lived on.

The court heard Mr McCormack was charged with burglary at Mr McCaughey’s home and got a three-year sentence, which had been suspended.

He agreed he had sued Mr McCaughey for €175,000. Mr McCormack said he had given €50,000 of this to the hospital he had been treated in.

When Mr Grehan suggested Mr McCaughey had wanted him to wait for gardaí but he had been intent on getting away, Mr McCormack said “yes”, adding: “I was more afraid of him than he was of me.”

Mr Grehan said Mr McCaughey had tried to “box you in with his car.” Mr McCormack replied “yes.”

John English, who lives in Clann Chullainn Park, told the court he was making coffee at about 6am when he looked out his kitchen window and saw a Mercedes car “had hit a chap”.

He said “it was an accident” and the car had reversed and the driver — Mr McCaughey — had got out. “The man was distraught, he had his hands on his head, he was panicking.”

The trial continues before Judge Gerard Griffin.