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

Bedridden
Asked what reason Mr Glennon gave for waiting a week to report the alleged assault to gardaí, Garda Cleary said when he attended his house Mr Glennon was “bedridden” and he had been in hospital.

Giving direct evidence in court, Mr Glennon said he went out with his friends on July 7. They went to a pub then moved on to a second pub where this incident occurred.

When he saw Mr Nugent he knew him because they had been at the same school. Mr Glennon asked Mr Nugent if he knew his friend ‘Craig.’ When Mr Nugent said he didn’t Mr Glennon admitted he called him a liar.
Then, Mr Glennon said, Mr Nugent told him to go away or ‘I’ll box the head off you.’

Mr Glennon said he called to his friends to leave. He said he had ‘just wanted a conversation’ with Mr Nugent.

In answer to questions from Inspector Alma Molloy Mr Glennon said he saw that Mr Nugent was ‘p*ssed off’ with him, as he was leaving the pub. He denied spitting at the other man.

Mr Glennon said he did point and call Mr Nugent a liar but was not threatening.

Inspector Molloy asked why he followed another man down the road and Mr Glennon said it was ‘some fella tried to push me.’ He admitted he did kick out, but said he did not kick this other man in the head.

Mr Glennon said Mr Nugent was ‘angry with me’ and ran after him down the street. “You don’t sustain those injuries by falling, someone has to ‘clip’ you,” Mr Glennon said referring to his own injuries and accusing Mr Nugent of tripping him.

Mr Glennon said he also injured his hand from putting it out to break his fall, but if he did not do so he ‘might have fallen on my head and died.’

When the incident had ended, Mr Glennon said he was “in agony” and “two strangers” tried to get him up off the middle of the road.

He said he remained on the ground ‘for about an hour’ and people tried to say he was not injured. He stayed on the ground but pushed himself back towards the path.

Mr Glennon said two gardaí in a patrol car passed, looked out the car window and said ‘get up off the ground, John.’

Inspector Molloy said Mr Colclough and Mr Nugent had to stay, as they were working, but she asked Mr Glennon why he did not leave the area. Mr Glennon said he was going to but he was ‘kicked twice, into his knee and into his stomach.’

The inspector asked Mr Glennon why he ran after the other man, to which he replied “he threatened me.”

Inspector Molloy pointed out the other man was running away when Mr Glennon ran after him and kicked him on the ground. He accepted her assertion that that was ‘violent behaviour.’

Drunk and angry
Asked if he accepted his behaviour on the night was not acceptable Mr Glennon said he saw it as trying to have a conversation.
Inspector Molloy pointed out Mr Glennon ‘did end up in an argument, and a second argument and a third argument’ and he accepted he ‘had a part in that’ and ‘contributed in a violent way.’

In response to questions from Mr O’Higgins, Mr Glennon said it was his view the argument started when Mr Nugent tried to hit him. He said he was angry, as he was drunk, pointed at Mr Nugent and said ‘stop lying to me, leave me alone.’
He told Mr O’Higgins he raised his arms because he felt threatened, but “I didn’t intend to hit anyone, I never hurt anyone in my life.”

Mr Glennon said he was in hospital from June 8 to 15 and pins were put into his wrist and knee. He said he is now depressed and anxious, doesn’t go outside, doesn’t search for work and is still in pain.

Answering questions from Mr Hogan, Mr Glennon said he is ‘not a big drinker.’ On this occasion he had ‘three or four pints’ in the first pub and ‘about four shots’ of vodka in the second pub. He accepted he was intoxicated.

'Looking for money'

In the days between the incident and contacting gardaí ‘your sister called to the pub that week looking for money,’ Mr Hogan put to Mr Glennon. The witness said it was compensation for his injury. He agreed this was before he made the complaint to gardaí.

Mr Glennon also agreed he now has a civil case against the pub for his injuries. He denied this was ‘just all about money.’
Mr Hogan pointed out Mr Glennon had said earlier that he had never harmed anyone, and that he had voiced a fear that if he had fallen on his head he could have died.

But from watching the CCTV footage in court, Mr Hogan said, he could see Mr Glennon kicking someone. “You have gone from a nice, peaceful person, to a person who kicks someone in the head,” Mr Hogan said, asking Mr Glennon if he realised the danger of someone getting a kick in the head that could kill them.

Mr Glennon accepted he was ‘a nuisance’ outside the pub.
When Mr Hogan said the door staff had a duty of care to the people outside the pub Mr Glennon said they ‘didn’t protect me, they attacked me.’
“If they were good at their job they would have calmed me down,” Mr Glennon added.
“Maybe they prevented you from killing someone that night,” Mr Hogan suggested.

Addressing the court, Mr Hogan said his clients’ concerns were borne out when within seconds of leaving the pub Mr Glennon was seen kicking a man in the head.

CCTV showed the bouncers, Mr Colclough and Mr Nugent, “doing their level best to defend themselves” and a third person who was on the ground, from a man being aggressive.

Mr O’Higgins, addressing the court, said his client, Mr Glennon, accepted he had an argument with the bouncers but disputed that he was involved in violent behaviour. He had reacted to kicks and other aggressions.
Mr Glennon had kicked the third man in defence of his own friend.

Inspector Molloy summed up the state case saying Mr Colclough and Mr Nugent, as licensed security staff, had a responsibility to have a knowledge of safety and security, remain calm and contact gardaí if needed. They are there to keep the peace.
This was a situation where Mr Nugent ‘kicked out in an aggressive manner on a number of occasions’ and Mr Colclough kicked out ‘at one point.’

The inspector said she believed the bouncers had used unlawful violence against Mr Glennon.

Judge Geraldine Carthy said she was not satisfied the evidence proved the charge of affray against Mr Colclough and Mr Nugent and dismissed the charges against the men .
However, referring to Mr Glennon, Judge Carthy did impose a conviction. She ordered a Probation Report to be prepared before sentencing and adjourned the matter to April 8, 2025 to allow this.