Kilkenny pub bouncers acquitted of affray outside city pub - third man convicted

A late night incident outside a busy Kilkenny bar resulted in a fully contested court case in which three men were charged with affray. Two of the men were acquitted by the judge while one man has been convicted of the offence.

Before the court were John Glennon, 25 Newpark Close, Kilkenny, who was found guilty, and both Sean Nugent, 30 St Francis Terrace, Kilkenny, and Barry Colclough, 5 Bohernatounish Road, Kilkenny, who were acquitted.

Mr Nugent and Mr Colclough were working as security staff in the bar on the night of July 7 into July 8, 2023, and Mr Glennon was a patron.

CCTV
During the hearing of the case CCTV from several cameras in the RoseInn Street area were shown in court.

Garda Cleary told the court that on July 15, 2023, he received a call to go to the home of John Glennon. Mr Glennon alleged to the garda that on the night of July 7/8 he was assaulted outside a Kilkenny pub, by two of the bouncers.

The garda took Mr Glennon’s statement and checked CCTV in the area. The CCTV showed the incident began outside the pub, moved into the middle of RoseInn Street and then down towards the river end of the street.

On August 31, 2023, Garda Cleary took a statement from Mr Colclough and on September 9, 2023, he took a statement from Mr Nugent. These were read out in court.

Mr Nugent said he worked as a bouncer on Friday and Saturday nights. On the night in question he was talking to a customer, outside, when a man came out and started shouting at him, calling him a liar. This was Mr Glennon.

When Mr Glennon started cursing at him, Mr Nugent said, he stopped listening. He was watching Mr Glennon’s hands.

Mr Nugent said because he didn’t know what Mr Glennon ‘was on about’ he stayed quiet. “All he wanted to do was fight,” Mr Nugent said, adding that Mr Glennon said that he knew who he was and where he lived and that he would ‘get’ his family when he was not working.

Then, Mr Nugent said, Mr Glennon’s friends came out of the bar.
In the ensuing events, Mr Nugent said Mr Glennon put an arm around him. Mr Glennon spat at him. When he spat again Mr Nugent said he pushed Mr Glennon away with his foot, because it was longer than his arm.

As the melee continued, Mr Nugent saw a man he did not know on the ground, further down the street. That was when things were ‘dangerous’ he said, so he went to that incident and ‘broke that up.’

As he was doing this someone shouted that gardaí were coming. Mr Glennon ‘ran’ and Mr Nugent said he followed him. He thought the gardaí were there and held Mr Glennon on the ground. But then he saw the gardaí were not there so he let Mr Glennon go and both he and Mr Colclough walked away.

Mr Nugent said he wanted Mr Glennon ‘taken away’ because he was shouting threats. He was still there ‘making threats’ when Mr Nugent finished work at 2.30am.

In his statement to Garda Cleary, Mr Colclough said he saw Mr Glennon come to the door of the pub and begin verbally abusing Mr Nugent. Mr Glennon was then refused re-entry to the pub.

When Mr Glennon was joined by a few people from inside he ‘put his hands up and wanted to fight.’
Mr Colclough confirmed Mr Nugent’s evidence of spitting and how they intervened when Mr Glennon ‘started on’ the other, unknown, man.

Gardaí came and took details, Mr Colclough said.

Mr Glennon stayed on the ground and was still there when he left work at 2.45am, Mr Colclough added.

Garda Cleary said medical records showed Mr Glennon suffered injuries to his knee and wrist.

Solicitor Chris Hogan, defending Mr Colclough and Mr Nugent, said Mr Colclough was the head of security at the bar, had worked there for 10 years and in the security area for 18 years. Mr Nugent was also experienced at his job. The garda agreed with this.

Aggressive
Asked by Mr Hogan how he would describe Mr Glennon’s behaviour outside the pub, Garda Cleary said “aggressive” and later as “argumentative.”

Garda Cleary said he did not identify any gardaí who attended the scene on the night, despite enquiries.
No gardaí were seen on the CCTV footage shown in court.

Mr Hogan clarified that the CCTV showed another member of the public being knocked to the ground and being kicked by Mr Glennon. The garda agreed it did.

“Within seconds of John Glennon leaving the pub he was kicking an innocent bystander on the ground,” Mr Hogan said. That was when his two clients got involved with that part of the incident.

Adrian O’Higgins BL, for Mr Glennon, reviewed the CCTV footage in court. He said that later in the incident it showed Mr Nugent punching Mr Glennon on the ground, after looking both ways first.
Garda Cleary agreed there ‘appears to be a movement.’

Mr O’Higgins observed that outside the pub Mr Nugent pushed Mr Glennon onto the street. The garda said they were already on the street but there was a push.

The barrister said the CCTV showed people walking past the incident who “don’t seem to be in any apprehension or fear.” The garda agreed.

A few minutes into the CCTV Mr O’Higgins said it showed a kick. The garda said that while it appeared someone kicked out he could not say who in the group it was.
CLICK NEXT TO CONTINUE READING THE EVIDENCE HEARD IN COURT AND THE JUDGE'S ORDER.