Lawyer cleared of assaulting legal rival

A high-profile legal figure has been cleared of assaulting another lawyer outside a courtroom amid claims of client poaching.

Limerick District Court heard solicitor John Devane became outraged when he saw legal colleague John Herbert in consultation with a man he believed he was still representing.

Mr Herbert told the court this man had approached him and wanted him to take over his case.

Mr Herbert said as well as striking him twice in the groin area, Mr Devane followed him from one court building to another “spitting invective and abuse”.

Mr Devane, whose offices are at Quinlan St, denied assaulting Mr Herbert, whose offices are at Arthur’s Quay. Mr Herbert, it was stated, is a former British and Irish universities heavyweight boxing champion.

Judge Denis McLoughlin dismissed the case against Mr Devane and said there were inconsistencies in the State case and a robust denial by Mr Devane.

He said he did not believe anybody was telling lies or untruths and the evidence was given of events as they were perceived on the day.

John Herbert said he was at the district court building on May 25, 2011. It was a busy morning with district and circuit court sittings. He was approached by Patrick Ambrose the father of Philip Ambrose who had been represented by Mr Devane.

When speaking with the Ambroses he was approached by Devane who asked him what he was doing talking to his client.

Mr Herbert excused himself, when Mr Devane asked to speak with the Ambroses.

He said Mr Devane followed him “spitting invective and abuse” that was very personal and hurtful.

As Mr Devane’s head came close, Mr Herbert said he lowered his head in defensive pose as he feared he would be headbutted: “I was then hit in the groin in a very short sharp movement, not a swing. It was extraordinarily sneaky.”

He grabbed Mr Devane’s silk tie but denied catching Mr Devane by the throat.

After this first incident, Mr Herbert walked to the nearby circuit court building and as he did so, he said Mr Devane followed him and tried to trip him.

He accused Mr Devane of striking him again in the genital area. Mr Herbert said he was not interested in making a complaint and had made that clear on the day.

Keith Spencer BL put it to Mr Herbert that he had grabbed the accused’s throat, from which he had a tumour removed previously. He put it to Mr Herbert that the accused had become alarmed at this and that at no time did the accused make contact with him. Mr Herbert replied: “That is a completely untrue, fabricated and spurious account of what happened.”

Mr Devane said he reported the matter to gardaí on duty in the court, but did not make a complaint.

He just wanted the gardaí to ask Mr Herbert to stay away from him. This entire matter, he said, should never have happened and all he wanted was to get on with his life.