An unemployed fisherman (30 ) was this week sentenced to prison for assault causing harm and for threatening and abusive behaviour.
Gerard Melvin told the court that he was working the night of March 27/28 2011 in Brennan’s Lane, Ballina. At around 1am he observed Stephen Rooney, Flat 1 10 McDermott Street, Ballina (now residing at 68 Castlefield Manor, Ballina, ) in the bar, near the smoking area. Mr Melvin spoke to the girlfriend of Rooney and said to her that Rooney was barred from the premises. Mr Melvin said that she replied that she knew this, however she could not get Rooney to leave. Mr Melvin said that he noticed that Rooney was intoxicated. Mr Melvin radioed another bouncer and while doing so Mr Melvin said that Rooney “made a dive for me”. Mr Melvin then managed to get Rooney in a lock, but someone pulled Mr Melvin from Rooney. The defendant then made another dive at the bouncer and both fell to the floor where they “wrestled”. Mr Melvin said that he tried to get Rooney’s hands behind his back. The defendant bit Mr Melvin on his left arm. Mr Melvin continued to try to restrain Rooney, who again bit Mr Melvin. Mr Melvin said that eventually Rooney was brought outside after other staff members assisted him. Rooney was abusive towards staff and was heard saying “I’m Rooney, I’ll get ye back.”
Mr Melvin received a tetanus shot for his injuries and later in the night went to Ballina Garda Station to report the incident.
Another staff member, Gary Egan, told the court that after he received the radio call from Mr Melvin he went to the scene and observed Mr Melvin and Rooney on the floor. Mr Egan said that “there was no restraining” Rooney and that “reasonable force” was used in trying to restrain him. Bar manager Edel Loughrey said that she did not see the assault. Ms Loughrey said she told Rooney to calm down, but that there “was no reaction”. She also said that when outside she heard him shout at them, “I’m Stephen Rooney, this won’t be the last of this.”
In a statement made to gardaí in June, the defendant said that he started drinking early in the day and that night he went to town with his girlfriend and met up with friends. Rooney said that he had no intention of going to Brennan’s that night, however the bar they were to go to was closed. Rooney said he then decided to cut through Brennan’s smoking area, however as he tried to do this he was told he was barred and was then caught by the neck and dragged through the pub. Rooney said that Mr Melvin had him gripped by the neck and he thought that he would break it. The defendant admitted biting Mr Melvin twice in order to release his grip. After the incident Rooney went for chips. Rooney’s girlfriend left the bar after the incident and went home alone.
In court, Rooney again said that he was “grabbed’ and “dragged” and that Mr Melvin “had his left arm around my neck”. The defendant said that he thought Mr Melvin was “going to break my neck”. “I was gasping for breath so bit him.” Rooney denied being threatening after the incident.
Mr Melvin denied having his arm around the defendant’s neck and neither Mr Egan nor Ms Loughrey saw Mr Melvin’s arm around Rooney’s neck. CCTV failed to capture the incident.
Inspector Paul Cuttle said that both Mr Melvin and Mr Egan are registered and qualified door staff and he asked Rooney how it was possible to bite someone’s forearm twice if he was in a headlock.
The court heard that Rooney has 15 previous convictions.
Judge Mary Devins said that the evidence of Rooney and his girlfriend was not in the least bit “convincing or persuasive”, however the evidence of the three staff was “consistent, clear, and concise”. For the section three assault, the judge convicted and fined Rooney €500 and also directed that he pay €500 compensation to Mr Melvin. Rooney was also sentenced to 12 months in prison. For the section six public order charge he was convicted and sentenced to three months in prison concurrent.
