Club shares blame for assault

A nightclub is as responsible for a “heinous” assault as the “private army” it employed as security on its premises, a judge has decided.

Circuit Court president Mr Justice Raymond Groarke said Triglen Holdings, trading as Krystle Nightclub, had “engaged and let loose a private army”, a member of which had assaulted Elaine Bennett, 28.

Judge Groarke had already awarded Ms Bennett €15,000 damages for injuries suffered at the club on New Year’s Eve 2014 but had been asked to decide whether P&B Security Services Ltd (now in liquidation) or Krystle should pay.

Ms Bennett claimed she was punched and kicked by bouncer Dawn Cleary whose evidence, the judge said, he could not believe.

Judge Groarke yesterday ruled that both defendants were jointly and severally liable to pay Ms Bennett’s damages and legal costs bill.

Ms Bennet, from Cork, had left Krystle for a smoke, after which she was refused re-entry by the bouncers on grounds she was too drunk.

When she asked again to be let in Ms Cleary attacked her, pulling her to the ground by her hair. She was punched and kicked on her body and face

and her wounds had left a permanent scar under her right eye.

Bennett sued Triglen Holdings Ltd and P&B Security Services Ltd, with a registered address at Newhall, Naas, Co Kildare, for negligence.

The defendants had denied liability and claimed Ms Bennett had been racially abusive, pushing Ms Cleary down the stairs and calling her a bitch and a Polish lesbian. She had called another bouncer a “Polish bastard”.

Judge Groarke said that although the bouncers had an obligation to refuse Ms Bennett entry because she was intoxicated, he was satisfied she had been viciously assaulted.