Man lost eye after pool ball attack

A man lost his eye after being struck by a man wielding a pool ball following an altercation in a public house, the High Court has heard.

Richard Butler, aged 48, spent eight days in hospital after being struck by Joseph Phillips at McSuils public house in Castlehill, Carlow, around 5pm on July 17, 2012.

Mr Butler says he suffered the eye injury while holding back Phillips, who he said had hit another person.

It is claimed Phillips had been drinking in the pub for several hours before the incident, and had been acting in an aggressive manner.

Due to his injuries Mr Butler, a former ceramic tiler of Castlewood Gardens, Pollerton Rd, Carlow, now wears a prosthetic eye, which his counsel Jeremy Maher said frequently pops out, causing his client great embarrassment.

Mr Butler has sued Phillips, St Joseph’s Terrace, Athy, Co Kildare who is currently serving a prison sentence at the Midlands Prison for the assault as well as the pub owners Noel Walker and his son Ken Walker.

Mr Butler alleges the publicans should have known of Phillips’ violent propensity and should have evicted him from the pub as soon as they became aware of his level of intoxication. It is claimed McSuils served alcohol to Phillips when it was dangerous to do so, showed a reckless disregard towards Mr Butler’s safety, and failed to adequately control Phillips.

The pub owners deny the claims. In their defence they reject claims that the assault was foreseeable and that they should have taken steps to prevent it from occurring.

The court also heard the pub is no longer open and judgment in default of a defence of the claim has been entered against Phillips.

Phillips is representing himself in the action.

Yesterday, Mr Justice Kevin Cross was told that witnesses were afraid about giving evidence due to Phillips’s presence in court.

In his evidence Mr Butler said he had been in McSuils for four hours before the attack. When he arrived at the pub he said Philips, who he did not know before the incident, was “loud and aggressive to everyone” and “a troublemaker”. Mr Butler said at one stage Phillips threw chips at a dog belonging to a patron of the pub.

Phillips was telling people how he “escaped from prison that morning” and was “a member of the IRA”, Mr Butler said.

Phillips was unsteady on his feet and was “stumbling” into people trying to get them to give him a cigarette.

Around 5pm he said Phillips struck another man in Mr Butler’s company.

He said he held back Phillips, and as he turned to look at the person who was struck by Phillips then hit him with the pool ball.

The case continues.