An American man who represented himself in court was found guilty of assault and threatening and abusive behaviour towards a delivery van driver at Claremorris District Court this week.
John Lynch, Main Street, Ballindine, contested the case where he was accused of assaulting and using threatening and abusive behaviour against Danny Duffy on August 5 2008 at Heneghan’s filling station in Ballindine.
The victim told the court about an altercation that happened after he had stopped at the station to deliver a box to the chemist attached to the premises. He told the court that he parked his van about six feet from Lynch’s car and as he got out of his van Lynch started roaring and shouting at him to move his van, even though he claimed there was of plenty room for Lynch to move his car.
Mr Duffy went on to say that as he went to get a box out of the side of his van Lynch pushed him into the side of the van, so he decided to move his van to calm the situation. But when he went around to the driver’s side of the van, Lynch pulled a floppy baton type thing out of his pocket and waved it at him, before he pushed Mr Duffy back into the side of the van.
Mr Duffy told the court that Lynch went inside the chemist shop and handed something to his wife, and at this stage he decided to ring the gardaí. He told the court that as he was ringing the gardaí and taking down the number of Lynch’s car, Lynch started revving the car at him.
Colm Quinn, who worked in the filling station as a forecourt attendant, told the count that he heard a commotion and a short time later saw Lynch being very abusive towards Mr Duffy. He said he saw Lynch go to the driver side of his car and take something out of it, but he could not be sure what it was and he saw Lynch push Mr Duffy into the driver’s door of the van. The forecourt attendant also told the court that he saw Lynch rev his car in a threatening way as Mr Duffy phoned the gardaí and he was afraid if he let his foot off the clutch he would have “killed him stone dead”.
Garda Peter Sarsfield told the court that he was called to the incident and spoke to Mr Duffy on the day and took a statement from him, and he spoke to a number of people who were there at the time. He then reviewed the CCTV in both the chemist shop and the shop at the filling station and got a copy of each, and at 5.20pm along with Garda Colin Murrin he called to the home of the defendant. Garda Sarsfield said that Lynch got very angry and told them to get out of his house and saod that if he was charged, he would make sure every American company in Mayo pulled out of the county.
Garda Sarsfield and his colleague were asked to leave after Lynch became abusive towards him.
Judge Mary Devins reviewed CCTV footage of the incident and found that the State had proved its case and found Lynch guilty of both assault and threatening and abusive behaviour. The judge adjourned sentencing on the matter until October 19 and bound Lynch to the peace until that date.
