* Mr Declan Berkely was acquitted of assault causing serious harm on May 21st, 2012. Judge Desmond Hogan directed the jury to find Mr Berkely not guilty, telling them that the prosecution had failed to show that the accused didn’t believe that the use of force was necessary.
The victim of a serious assault has told a court that he cannot remember “talking dirty” and groping the wife of his neighbour before being punched.
Declan Berkely (45) of Berwick Grove, Swords Manor, Swords, Co Dublin, has pleaded not guilty to assault causing serious harm to Anthony McGann (54) at Ormond Avenue, Swords, on September 19th, 2010.
Dublin Circuit Criminal Court heard that three neighbouring couples had gone to a local social event in the Manor Inn pub in Swords and had left the pub together about 1am.
Colm O’Briain, for the prosecution, said that on the way from the pub one of the neighbours tripped and fell and that when Mr McGann went to help her up, he touched her breasts inappropriately.
Mr O’Briain said that Mr McGann then touched Alison Berkely inappropriately.
Mr Berkely punched Mr McGann in the face, knocking him to the ground. The court heard the complainant suffered fractures to the skull and haemorrhaging and continues to suffer memory loss and epileptic attacks.
Patrick Gageby SC, defending, put it to Mr McGann that earlier in the night he told Ms Berkely she was beautiful and that he got aroused just talking to her.
Mr McGann said: “I have no memory of that. I don’t normally go around being disrespectful to women. It’s inherent in me to have total respect. That’s the way I was reared.”
Defence counsel accused Mr McGann of “talking dirty” to Ms Berkely, of putting his hands “between her legs on her private parts” and behaving aggressively afterwards.
Mr McGann said: “I would deny all that. It’s not in my nature. I wouldn’t disrespect another man’s wife.” The trial continues.