Kilkenny night out was ‘drink and cocaine fuelled’ court hears

A young couple’s night out in Kilkenny ended in a relationship-ending argument, and charges of assault and public order offences, the local district court has heard.

Ben Costello, 75 Dolmen Garden, Carlow, pleaded guilty to being drunk in public and failing to comply with the directions of a garda.

Mr Costello had denied a charge of assaulting his then girlfriend and this was dismissed in court after a full hearing. All charges arose from the night of September 20 into 21, 2024.

Garda PJ Lawlor gave evidence that on the night of September 20 gardaí received a report of an incident on Ormond Road/ Patrick Street. Gardaí patrolled the area ‘extensively’ but could not locate the couple reported.
A short time later Garda Lawlor observed a couple on Castle Road. They were verbally arguing. Both were intoxicated.

Garda Lawlor spoke to Mr Costello who was drunk and shouting at his girlfriend, ‘roaring in her face’. He was directed to leave the area but failed to comply and continued shouting at his girlfriend. At 12.30am he was arrested and brought to Kilkenny Garda Station.

While dealing with the incident the female, Amber Kirby, alleged Mr Costello had assaulted her, a short time before.
At the garda station Garda Lawlor viewed CCTV of Ormonde Road from just before midnight. He saw Mr Costello ‘trip or push’ Ms Kirby, in the middle of the road.

‘More to it’
The CCTV was shown in court and a passing car could be seen trying to avoid Ms Kirby as she lay on the road.

When Mr Costello was charged with being intoxicated in public he responded: “Yes, I was.” When he was charged with assault he said: “I pushed a girl but there is more to it, check the cameras.”

The garda said the initial call about the incident came in at 11.50pm and he then met the couple at 12.30am.

Under cross examination from Mr Costello’s counsel, the garda accepted the CCTV showed Ms Kirby hit Mr Costello with her handbag.
He also agreed a fixed charge penalty was issued to her for being drunk in public and paid.

Giving sworn evidence, Ms Kirby said she and her then boyfriend, Mr Costello, had been socialising in Kilkenny. They got the train from Carlow and went for a meal first, before going to a city centre pub.

“Ben was drunk and on cocaine,” Ms Kirby said, admitting that they were both drunk. She was adamant she had never taken drugs.

In the first pub she said they started bickering. She went to the bar and a man there started talking to her. Ms Kirby said Mr Costello ran over and pushed the other man away. He was “kicked out” of the pub for this.

Ms Kirby found him in another pub a short time later. He accused her of flirting with the other man. They started arguing and were walking around Kilkenny. As they were walking down Ormond Road Ms Kirby said she ‘remembered being on the middle of the road.’ After that she had pain in her head and her back, she had a cut on her hand and was aching, but she did not seek medical attention.

Both Ms Kirby and Mr Costello were arrested on Castle Road.

Ms Kirby, who is now 19, said they had been in a relationship for two years before this incident but not after it.

Mr Costello, giving evidence in court, said Ms Kirby found him 30 or 45 minutes after he left the first pub. She was insisting they go home and they got into a row. She wanted to see his phone and was ‘pulling’ at him for it.

‘Toing and Froing’
They were “toing and froing” Mr Costello said and at Ormond Road he got fed up and pushed her. He said it wasn’t hard, he hadn’t meant to trip her, and he went back to help her up.

Since then Mr Costello said he has been to Ais Eirí for treatment for cocaine and alcohol use. He said he regretted the incident.

Solicitor Joe Farrell, for Mr Costello, said both young people found themselves in an unfortunate situation.

Inspector Barry Smith said he wouldn’t call it an unfortunate situation from Ms Kirby’s point of view. He pointed out that the CCTV showed a ‘dangerous situation’ where a car had to stop.

Judge Cephas Power said Mr Costello had pushed Ms Kirby ‘quite forcefully’.
At the point he came into view on the CCTV he was ‘in retreat’.

The judge described Ms Kirby as a “very honest witness” and said he found her evidence truthful and trustworthy.

Mr Costello, “fuelled with drink and cocaine,” got jealous in the pub, the judge said. He, too, was an honest witness, Judge Power said.

While he was more inclined to believe Ms Kirby’s version of events, the judge said, he did not find the assault charge against Mr Costello proven. It was dismissed.

Mr Costello had pleaded guilty to the other two charges and he was sentenced on those.

Following consultation with Ms Kirby, Judge Power said he noted Mr Costello has no previous convictions of this nature and he has gone for treatment.

He ordered Mr Costello to have no contact with or about Ms Kirby on social media. This is to include, at Ms Kirby’s request, not showing a tattoo Mr Costello has of her.

Mr Farrell said his client will have the tattoo removed and in the meantime will not show it on social media.
Judge Power handed down a Conditional Discharge under Section 1(1)(ii) of the Probation Act and Mr Costello was asked to sign a bond for two years.