Brothers fined £300 for assault on man

Two Co Galway brothers were yesterday fined and given suspended sentences for assaulting a man outside a Co Galway nightclub.

Two Co Galway brothers were yesterday fined and given suspended sentences for assaulting a man outside a Co Galway nightclub.

A special sitting of Dunmore District Court heard that the injured man lapsed into unconsciousness and spent six days in hospital with a broken jaw after he was kicked in the face outside a local night-club last year.

However, John and Michael Donnellan, who are inter-county football stars from Cloonmore, Dunmore, claimed the man had started the melee by headbutting one of them in the face.

After two days of evidence Judge Peter Smithwick, president of the District Court, convicted the brothers of assaulting Jason Higgins (22), Bullaun, Cummer, Tuam, at Barrack Street, Dunmore, on July 6th, 1997. The judge sentenced them to one month's imprisonment, suspended on entering a bond to keep the peace and be of good behaviour for a year. He also fined them £300 and ordered them, and Mr Higgins, to pay £157 witness expenses.

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Judge Smithwick also ruled that Higgins, who had been charged with assaulting John Donnellan, was not totally blameless. He said he had, by headbutting Donnellan at PJs night-club "raised the temperature considerably" and he too would have to be convicted. He was fined £200.

A fourth man, Mr John Divilly, of The Glebe, Kilkerrin, Ballina sloe, was acquitted of assaulting Higgins.

Both Mr Divilly and Michael Donnellan are members of the Galway senior football team which meet Roscommon in the Connacht football final replay at Hyde Park this evening.

After hearing evidence from several witnesses Judge Smithwick said a very serious assault took place and there could easily have been a fatality. Higgins, he said, sustained very serious injuries and evidence had been given that John Donnellan had hurt his leg.

Who caused the incident, he was unable to say, but it was plain the Donnellans were part of an assault which ended up with Higgins sustaining an injury to his jaw which could well have led to them facing more serious charges.

He was horrified to learn that there were a number of fights taking place on the night and was "rather disturbed" that the owners of the night-club gave no assistance to gardai mounting the prosecution.

Evidence was given that there were several fights on the street outside the night-club that night and Mr Divilly said "people were just dropping like flies all over the place".

The hearing had been adjourned from a previous date when evidence was given that Higgins was kicked and beaten like a dog, rendering him unconscious.

Recognisances were fixed in the event of an appeal.