Laois man acquitted of throwing bar stool during pub brawl
The case was heard Athy Courthouse
A MAN accused of hospitalising another after he allegedly threw a bar stool at his head during an engagement party had the case dismissed against him after the judge was unconvinced by the state’s case.
This had relied on the evidence of two of the plaintiff’s brothers – but no independent witnesses – from a roomful of 150 people.
“I think he’s telling the truth, but it’s not enough,” said Judge Desmond Zaidan after listening to all the evidence in the case of 41-year-old Keith Cash of Daingean Row, Castletown, Mountrath, Co Laois.
Mr Cash was pleading not guilty to the alleged assault causing harm (S3) to Thomas Connors at the Crosskeys Pub in Kildangan, Co Kildare on 7 May 2022 at the engagement party for his daughter Mandy, who was getting engaged to Mr Connors’s son Billy.
Mr Connors Snr told the court in evidence this week that on the night in question he said that Mr Cash had offered his two younger brothers drugs in the toilets, and when they refused, he said: “You’re too good to take it”.
“He started arguing and then Mr Cash threw a bar stool at my head from about four or five metres,” said Mr Connors.
“It knocked me out and I had to go to Portlaoise hospital for [seven] stitches,” he said.
“There is scarring as a result of the assault and I will be scarred for life,” said Thomas Connors.
Inspector Brian Norton then handed in a medical report to the judge, who noted: “That’s a very deep cut.”
“You’ve no doubt it was thrown at you by Keith Cash?” he asked.
“No doubt,” replied Mr Connors.
In cross-examination from barrister Mark Gibbons, Mr Connors admitted it was a year-and-a-half after the incident that he first made his complaint to gardaí and had left for the USA only a few days after the alleged assault.
Thomas Connors said he only decided to press charges then, because “even when I got back from the States, I was getting threats on the phone”.
His brother William was next to give evidence, corroborating his sibling, and that after the alleged assault: “Mr Cash ran out the back door.”
“You saw this with your own eyes?” asked the judge.
“Yes,” replied William.
Larry Connors was next up. He said the argument started in the bathroom, and that: “I was standing right beside him when he was hit.”
He also told the judge that the family were not taking any legal action against the pub.
The pub landlord John Worrell next gave evidence, initially saying: “I didn’t see any of it … they weren’t known to me.
“I expected 15 or 20 that night, but maybe 150, 180 turned up. There were more invited than I was told,” he said.
“I never saw a thing until it all exploded out of nowhere, everybody got involved in the fighting,” he said.
“You abandoned your own premises?” asked Mr Gibbons.
“I had to. I walked back in with the guards,” he said.
“It was pure mental, everything was out of control,” he said.
“He said he had to flee for his own safety,” noted the judge with a shake of his head.
The defendant then took to the stand and said he had walked out to the car park with his elderly mother, and when he returned: “they were all throwin’ shapes.”
“I saw them fighting over one side … there were a lot of people in the bar, over 100 … so I left with the wife and kids,” he said.
“It is alleged you were selling drugs that night,” said Inspector Norton in cross-examination.
“That’s only hearsay,” said Mr Cash.
“Are you a member of a minority?” asked the judge.
“No,” said Mr Cash.
“And the Connors?” continued the judge.
“Yes, they’re Travellers,” said Mr Cash, who said he was a roofing contractor with over 20 years in the trade.
“You may have a job bringing this home, inspector,” said the judge.
“In the medical report he told the doctor he fell off a chair, there is no mention of a thrown chair,” he said.
“I didn’t want no hassle, I was in genuine fear for my life,” said Thomas Connors, after being recalled.
“They tried to run down two of my brothers in Portlaoise, and there were threats to burn us out,” he added.
“That is a separate investigation,” said Inspector Norton.
“You have to convince me,” said the judge.
“How do you marry the inconsistencies? Someone threw a bar stool, then he fell off a stool? Maybe that’s why he decided to press charges,” he said.
The inspector conceded that there were no independent witnesses, save for the two brothers.
“The guards have to convince me beyond all reasonable doubt … [and] I can’t really convict,” he said, dismissing the charge against Mr Cash.
