A nightclub doorman accused of falsely claiming he had been assaulted by journalist Mr Eamon Dunphy is to be tried in the Circuit Court, a judge decided yesterday.
Mr David Heatly, Devinish Road, Crumlin, Dublin, denies knowingly making a false report at Harcourt Terrace Garda station on April 30th last tending to show an offence had been committed arising out of an alleged incident outside Cats nightclub in Lower Leeson Street.
Yesterday, after hearing an outline of the allegations, Judge John O'Neill decided the case was too serious to be dealt with in Dublin District Court and refused jurisdiction.
Det Insp John Fitzpatrick said it was alleged Mr Dunphy met the accused outside Cats where he was working as a doorman. As a result of that encounter, Mr Heatly made an allegation that he was assaulted by being hit across the face by the broadcaster. Mr Heatly later made a statement to gardaí.
There would be one witness who agrees with Mr Heatly's version of what happened and two others, who worked at the adjoining Buck Whaley's nightclub, who disagreed. There was another witness who worked at a club across the road who did not see the alleged incident, but who would give evidence as to the condition of Mr Dunphy on the night.
A file on the matter was referred to the DPP and he directed that the case was fit for summary trial (District Court level). However, after hearing the alleged facts, Judge O'Neill decided to refuse jurisdiction and adjourned the matter to February 25th for preparation of a book of evidence.