THE TRIAL of Fianna Fáil TD Mattie McGrath for the assault of a teenager has reached its final stages. The 10th day of the trial yesterday heard closing statements from both prosecution lawyers and defence for Mr McGrath.
Mr McGrath (50) and five other men, including his son Edmond, are charged with assaulting Timothy Cleere (19). Mr McGrath is also charged with violent disorder and with using threatening, abusive or insulting behaviour in a public place.
The South Tipperary TD and his co-accused have pleaded not guilty to all charges arising out of an alleged incident in Mr McGrath's home town of Newcastle, Co Tipperary, in August 2006.
David Humphries, prosecuting, said the evidence showed that Mr McGrath had "shouted abuse" in an "aggressive" way at youths drinking in church car park.
Mr McGrath got into another car and called a man in Nugent's pub looking for help. As a direct result of that phone call, a "violent disorder" had erupted with people suffering "real injuries".
Mr Humphries said it was "a totally intended result" and that Mr McGrath had made the phone call to "procure" what would happen.
Paddy McCarthy SC, for Mr McGrath, told the jury that the young men in the car park were "drunk" and "looking for trouble". They were shouting abuse at people outside the pub and Mr McGrath had acted as a "peacemaker" at all times during the entire incident.
He said Mr McGrath, who was then a member of South Tipperary County Council, had earlier brought home a man who had been involved in a verbal row with the youths.
Mr McCarthy said the youths "came out" at Mr McGrath as he walked to the car park which he "did not seek". He was forced to seek refuge in a car and did "nothing more than to seek help in circumstances that warranted it".
Mr McCarthy said that anyone was "entitled to seek assistance if they are being threatened and menaced" by a group of drunks.
"There is no crime in looking for assistance when you are being threatened and menaced" and anyone was entitled to call for help under such circumstances.
Mr McCarthy added that there was no evidence to show Mr McGrath had been involved in a violent disorder or that he had assaulted Mr Cleere.
The trial resumes on Tuesday when closing statements on behalf of the five co-accused will be heard. Judge Donagh McDonagh said he anticipated he would charge the jurors that day and asked that they bring an overnight bag.