Man accused of throwing pot plants at Louth Garda from a balcony is cleared of assault
The defence case was one of mistaken identity, the accused testifying that a friend had jumped from his balcony to the other.
Gda John O'Connor gave evidence that on August 18, 2023, the owner of the apartment beneath was asleep when awoken by a loud crashing noise.
He received a report at 8.56pm of a male on this woman's second floor private balcony at Coach House, Bachelors Lane. He was driving of a patrol car at the time and immediately went to the scene.
Gda O'Connor said he saw several smashed pots and plants beneath the balcony, and that the defendant 'picked up a potted plant and attempted to hit me'.
He threw at least two at him. None of them connected.
The man started shouting and damaged a satellite dish by attempting to remove it from a wall.
The witness continued that he was allowed inside by the apartment owner and went to the balcony which was narrow, about a foot wide.
He saw the accused and cautioned him. While speaking to him he got a smell of alcohol. Mr Vaiciullis, he alleged, told him to 'f**k off', and was arrested on the balcony at 9.15pm on suspicion of causing criminal damage.
'Are you sure you have the right man?' solicitor Fergal Boyle asked.
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'It was a few years ago. I'm pretty convinced," Gda O'Connor replied.
It was put to the officer that Mr Vaiciullis wasn't on the balcony in question. A friend who was highly intoxicated jumped from his balcony to the balcony below.
Gda O'Connor said he couldn't recall what the defendant was wearing. He was looking directly at him.
Mr Boyle continued that a different name was written down first on the custody record, 'then stroked out'.
The custody record also indicated two marks of some description on his client's arms. He didn't have any marks.
Gda O'Connor said that he didn't fill in the custody record. The Member in Charge who did was no longer in the job and not present.
"I don't believe the wrong man is in court,' the witness added.
Marius Vaiciullis, who had the assistance of an interpreter, testified that he was at home in his apartment after returning from work. He saw his friend on the balcony of the apartment below.
"I wasn't on this balcony. I didn't see pots being thrown.'
He continued that he wasn't in the garda station after this incident. He had no scars, marks or tattoos on his arms.
The witness maintained that a completely different person was arrested. Nobody asked him for identification.
He told Inspector Kevin Toner that he wasn't drinking and showed him his bare arms.
Judge Nicola Andrews asked if there was CCTV in the garda station, and was told, no, that it 'would be gone.'
The summons was dismissed.
Funded by the Courts Reporting Scheme
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