Claims of unfair Garda treatment towards Healy-Raes dismissed

Neil Michael Claims that gardaí treated Independent TD Michael Healy-Rae’s sons unfairly while investigating their assault of a man in Kerry in 2017 were dismissed yesterday.

Claims that gardaí treated Independent TD Michael Healy-Rae’s sons unfairly while investigating their assault of a man in Kerry in 2017 were dismissed yesterday.

Jackie and Kevin Healy-Raes’ barrister had repeatedly made the claims during yesterday’s hearing into the case against them at Tralee District Court.

But before he found them and a third man guilty of assaulting Kieran James, Judge David Waters said the evidence was very clear and that witness statements, backed by CCTV footage, against them were “extremely credible”.

Brian McInerney, defending, had earlier described the investigation as “shambolic” and said the way the Healy-Raes were treated was “manifestly unfair”.

He told Tralee District Court yesterday: “Gardaí had already made up their minds the two Healy-Rae brothers were going to be put in the frame. There is no jury in Ireland which would convict them. There isn’t sufficient evidence against any of them.

“I am not suggesting the gardaí didn’t tell the truth.”

Mr McInterney drew the court’s attention to the fact that investigating Garda Caroline Hennessey — known as the ‘Dancing Garda’ after a video of her went viral — communicated with a witness against the Healy-Raes on Facebook during the investigation.

He said the social media association between Garda Hennessey, who admitted she had known witness Neilly O’Sullivan “for years”, was “unfortunate”.

She pointed out in court that the communication was not to do with the case but was in response to a comment about a video of her dancing while directing traffic at the Ring of Beara Cycle earlier this year.

Judge Waters later said the interaction was “wholly innocent”.

Yesterday, the court also heard details of answers which Kevin Healy-Rae gave during interviews with gardaí.

He repeatedly said his father’s political career was at the heart of why the row at the chip shop broke out.

For his part, Mr James said a dispute broke out when Mr Healy-Rae jumped the queue at the chip van in the town square.

Mr Healy-Rae is then alleged to have told him during a subsequent exchange:

“This is my town and my chip van.”

Mr James, who grew up in Britain but whose mother comes from Kilgarvan, claims Mr Healy-Rae barged to the top of the chip van queue and pushed him against the chip van.

The 22-year-old, of Sandymount, Kilgarvan, denied assaulting Mr James causing him harm contrary to section 3 of the Non-Fatal Offences against the Person Act at Main St, Kenmare, on December 28, 2017.

He dismissed as what happened as scuffles, said he did not hit anybody on the night, and claimed later he had himself sustained injuries during the incident.

Mr McInerney said that when Mr James was interviewed about an allegation of assault made against him by Kevin Healy-Rae, he was treated differently.

“There was no interrogation, no camera, no 20 questions — unlike the Healy-Raes,” he said.

“The gardaí opened a book and decided it was the two Healy-Raes. They had a closed mind to this investigation.”

In response to a series of questions about the incident by gardaí, Kevin Healy-Rae told detectives he believed the incident happened because of his father, Michael.

“I believe it all started due to my family’s political background,” he said.

“People all over the country hate us.”

He claimed that when he went over to the chip van, Mr James was intimidating him and “started making derogatory remarks and all of a sudden he struck me”.

He said there was a group with him who were “hurling abuse, mainly to do with my father”.

He said those making the remarks “hate my family because of politics”.

He said: “I believe the whole thing was initiated by politics.”

He said that, in the face of abuse, he was always taught to “smile and walk away”.

And he said:

“I am used to verbal abuse because of my family’s political background. It is a problem.”

Jackie Healy-Rae, also of Sandymount, Kilgarvan, denied a section 3 assault causing harm to Mr James at Main St, Kenmare, on December 28, 2017.

The 23-year-old, who was elected as an Independent councillor for Kerry County Council councillor earlier this year, had also denied a section 2 simple assault on Mr James at East Park Lane, Kenmare, on the same occasion.

A third accused, Malachy Scannell, aged 34, of Inchinacoosh, Kilgarvan, also denied a section 3 assault against Mr James and a section 3 assault of Mr James’s cousin, Neilly O’Sullivan also on the same date and place.

The judge adjourned the case for sentencing on December 6.