Assault case dismissed

A MAN who was accused of assaulting the mother of his child had the charge dismissed against him at Kilkenny District Court.

A MAN who was accused of assaulting the mother of his child had the charge dismissed against him at Kilkenny District Court.

Thomas O’Neill, 15 Ossory Park was alleged to have committed the assault at Hebron Road on December 7, 2009. Trish Hennessy, a witness in the case told the court that she was going down to McDonagh Junction Shopping Centre with her daughter on the date in question. She gave evidence that a woman, Lisa Lawton tried to pull her from her bike. “She came up on the footpath and shouting and it terrorised the child. She then went down to Thomas O’Neill and started abusing him and me and my young one.”

“Lisa Lawton tried to pull me off my bike. She doesn’t like me as I have a child by Thomas O’Neill and so does she. She had her daughter with her ... I went up to Thomas O’Neill who lives in Ossory Park and told him that he tried to pull me off the bike,” alleged Ms Hennessy.

“I didn’t see Thomas O’Neill put a hand near her (Lisa Lawton). She hit him in the face and he asked her to remove herself from the property,” she added.

Lisa Lawton told the court that she was walking up the road when the defendant came up after her ‘screaming and shouting’. “I went to get the child back and he pinned me against the wall and struck me in the face with a closed hand,” she said. Ms Lawton denied trying to pull the Ms Hennessy off the bike and denied Mr O’Neill.

The court heard that the defendant had been taking care of his daughter on the date of the alleged incident. “I received a phone call from my daughter saying that she was going home with Lisa Lawton. Lisa Lawton came on the phone upset and angry,” he told gardai. He also alleged that Ms Lawton hit him in the fce, spat into his face and grabbed him by the shirt. She admitted that she might ‘have grabbed his shirt’ after she alleged that he had hit her. He told gardai that he had ‘pushed her away’ after she had spat and grabbed him.

A garda witness told the court that she received a report from Ms Lawton that she had been assaulted by her ex partner. She spoke to Lisa Lawton who told her that she had been assaulted by her ex partner when she was walking home.

Solicitor Michael Lanigan told the court that there was a clear conflict between the two wistnesses. Judge David Anderson remarked that although there was evidence of an assault that was not the nature of the assault that the State’s evidence alleged had happened and he dismissed the case.