Man broke jaw of brother-in-law who 'overstayed his welcome' in Cork

A judge gave the man a conditional discharge after hearing the injured party had become 'a living nightmare' for his in-laws

Judge McNulty said the accused had been in an "unenviable position" and "the last man standing" when he unexpectedly encountered Mr Baier on the day of the incident. File photo: iStock

A man who punched his brother-in-law in the face, breaking his jaw, has been given a conditional discharge after the judge heard the injured party had "overstayed his welcome by a long shot" and had become "a living nightmare".

Finn Donegan of Trawnamaddree, Ballylickey in Co. Cork, admitted punching Tim Baier, an Australian who was separating from Mr Donegan's sister at the time, during an altercation at the estate on October 14 last year.

Mr Donegan had contested the charge of assault causing harm but in his statement to gardaí admitted hitting Mr Baier "one crack to the chin" and then telling Bantry District Court: "I punched him."

Bantry District Court heard from Mr Baier that he came to visit his in-laws in February 2020 but a combination of Covid and a job falling through meant he did not leave as planned. He said relations with Mr Donegan deteriorated but that he had agreements with his parents-in-law as to a leave date at the end of September and that his wife was aware of this, only for that to be further delayed. The court heard he returned five times in 10 days.

As for the incident, Mr Baier said Mr Donegan approached him, feigned a headbutt, spat at him a number of times, choked him and then punched him. Medical evidence was provided as to damage to the jaw and that pins were placed in his jaw for a time.

Mr Donegan said his father had had a heart attack just days before the incident and that he was under severe stress. He told the judge that Mr Baier smiled at him and said "Can't you see mate? I'm long gone" when he asked him why he was there.

Mr Donegan said a verbal altercation ensued, with Mr Baier daring him to hit him, and he attempted to walk away a number of times until "I just reacted".

I punched him. I clearly punched him in the cheek.

He denied choking Mr Baier or ever spitting at him.

Judge James McNulty said: "Mr Baier had come to visit his in-laws in February 2020 for what everyone understood would be a short time, and even allowing for the impact of Covid and the 'turmoil' of the ongoing separation, it is clear to the court he overstayed his welcome by a long shot and by October 2020 he had become a living nightmare for his in-laws and had caused his in-laws extreme stress.

"To compound matters, it's clear to the court that commitments made by Mr Baier with his father-in-law as to an end time for this nightmare were not honoured."

Judge McNulty said the accused had been in an "unenviable position" and "the last man standing" when he unexpectedly encountered Mr Baier on the day of the incident. He said there were inconsistencies in Mr Baier's account of what happened and that Mr Donegan had been under "extreme stress and a degree of provocation and taunting".

While this did not provide Mr Donegan with the defence of self-defence or provocation, it was relevant when it came to the penalty. "In hindsight, I am sure [Mr Donegan] would agree if he could do it again he would have walked away."

Mr Donegan, who had no previous convictions, was granted a conditional discharge in the case for three years on his own bond of €5,000, no cash required. Mr Donegan pleaded guilty to two other summons and they will be dealt with in two weeks.