A man yesterday persuaded the Supreme Court that there was clear evidence that the incident in which his car was badly damaged was a riot. But the court said that while a Circuit Court judge could make the same finding, since the assessment of the evidence and other matters were entirely within his competence, the decision must be his.
Mr Michael Kennedy, of Kickham Street, Thurles, Co Tipperary, had applied to Tipperary (North) County Council for compensation after his car was damaged by three or four men on August 29th, 1993. The men pushed the vehicle across the road and into a wall.
He sued under the Malicious Injuries Act 1981 for £1,409 in the local District Court and the matter went on appeal to Clonmel Circuit Court. The court decided it was for the Circuit Court judge, having assessed the evidence, to decide if the rioters would have used force against anyone who might oppose them.