A MAN on trial for assault causing harm and endangering the life of a man who broke into his house has already been successfully sued for €175,000 by the burglar, a court has been told.
Louth property developer Martin McCaughey (48), Mount Avenue, Dundalk, denies reckless endangerment at Clann Chullainn Park, Farndreg, Dundalk, on June 27th, 2008.
He also denies assault causing harm to Daniel McCormack (27), Clann Chullainn Park, on the same date.
The State claims Mr McCaughey used his car “as a weapon” to assault Mr McCormack.
Giving evidence at Dundalk Circuit Criminal Court yesterday, Mr McCormack said he had been very drunk when he left his house in the early morning and went into Mr McCaughey’s home.
He did not remember everything that happened but he could recall going in a side door and into an upstairs bathroom, where there was jewellery at the sink.
He told the jury he found himself there “with jewellery stuck in my pockets”. He then heard shouting and ran from the house and garden towards his home.
He was in his estate when he said he was struck by a car. He said he “limped on” and was hit by it a second time.
He said Mr McCaughey had told him, “I will kill you if you get up.” Both of his legs were broken and he was in hospital for two and a half weeks. He was in a wheelchair for six to eight weeks and then on crutches.
The court heard Mr McCaughey was dressed in just boxer shorts and he had shouted at Mr McCormack as he ran from the house.
Cross-examined by Brendan Grehan, defending, Mr McCormack agreed that when he went into the house he was trespassing and he was “looking for things to steal”. He also agreed he had left his home that morning planning to burgle houses and had done this before.
When it was put to him that he has always been treated leniently by the courts, he replied, “Yes”.
He did not know that Mr McCaughey, whose house overlooked the estate where he lived, had built the development.
The court was told Mr McCormack had been charged with burglary at Mr McCaughey’s home and got a three-year suspended sentence.
He agreed he had sued Mr McCaughey for €175,000. Mr McCormack said he had given €50,000 of this to the hospital in which he had been treated.
When Mr Grehan put it to him that Mr McCaughey had wanted him to wait for gardaí to arrive but that Mr McCormack was intent on getting away, he replied: “Yes – I was more afraid of him than he was of me.”
Mr Grehan said Mr McCaughey had tried to “box you in with his car”, to which Mr McCormack said, “Yes.”
A witness in court, John English, who lives in the same estate, was making coffee at about 6am when he looked out of his kitchen window and saw a Mercedes car “had hit a chap”.
He said the car had reversed and the driver – the accused – had got out.
“The man [Mr McCaughey] was distraught, he had his hands on his head, he was panicking,” Mr English told the court.
The trial continues before Judge Gerard Griffin.