A 70-year-old Fermoy UDC councillor, who was convicted and fined £100 for assaulting a fellow councillor in the council chamber, declared after the hearing yesterday that it was worth it and he'd do it again.
At Fermoy District Court, Independent Councillor Arthur Dowling denied charges of assaulting the then UDC chairman, Fianna Fail Councillor John Murphy and Independent Councillor John Hussey in the council chamber on March 6th. He admitted throwing a file containing papers at Councillor Murphy but denied that this constituted assault. Dowling said he fell in the chamber and may have struck Councillor Hussey but did not intentionally assault him.
Dowling's solicitor, Mr Ray O'Neill, claimed his client had been provoked and was protesting against a proposal for the allocation of money to local interest groups, which he felt was undemocratic.
Councillor Hussey told the court that while Councillor Murphy was making a proposal for the allocation of this fund, Dowling jumped up and started banging his fist on the table. He said Dowling threw documents and files at Councillor Murphy. "He put his clenched fist to the side of my face without touching me and said `I'll show you what f***ing assault is', " said Councillor Hussey, adding that Dowling hit him on the hand and face.
Labour Councillor Tadhg O'Donovan, Councillor Murphy and Fine Gael Councillor Aileen Pyne supported Councillor Hussey's evidence, saying Dowling threw a file at Councillor Murphy and also took a list from Councillor Hussey, tore it up, and pushed it down Councillor Hussey's jumper. They also said they saw Dowling assault Councillor Hussey.
Judge Peter Smithwick discounted the defence claim of provocation. "Whatever way you want the affairs of the UDC to be conducted, banging the table and hitting people was not the way to go about it".
Asked outside the court if he would apologise to Councillor Hussey, Dowling said he would not. "I'm paying a fine - believe you me it was worth it". Would he do it again? "I would - why not?"