Man assaulted elderly Dublin tourist who accidentally entered his property
A Wexford man has been found guilty of assaulting an elderly Dublin man who accidentally entered his property at Fethard-On-Sea while looking for somewhere to park his campervan.
Sean Neville (53) of Tay Lane, Fethard-On-Sea, Wexford, was before Wexford District Court where he was charged with assaulting Joseph Mulhall, a tourist from Dublin, who mistakenly entered his property on August 25 2023.
Mr. Mulhall gave evidence that on the day in question he had met with some friends at Fethard-On-Sea. He had left his campervan and gone for a cycle through the town and went into a cul-de-sac which looked out onto the sea, unaware it was a private house.
He was then confronted by the accused, who had his four-year-old child in his arms. The injured party stated that Neville dragged the handle bars of the bike, punched him in the head, pushed him on the ground, and also stamped on the bike. Mr. Mulhall, who was 72 years of age at the time, pleaded with Neville to let him out but was instead met with insults and 'no mercy'.
Eileen O'Neill, solicitor for the defendant, presented a Google Maps photo of the area to the court, alongside pictures of the 'private property keep out' signage at the house. Mr. Mulhall stated he did not see these signs and was unaware he was on someone's property until Neville appeared in the garden shouting at him to leave and insulting him.
Ms. O'Neill then played CCTV taken from Neville's father's property for the court which showed the accused holding his son in one arm, and the bike in the other. Mr. Mulhall appears to charge at Neville with his head down, headbutting his young son in the back in the process. Mr. Mulhall stated he was defending himself and this was after he had tried to leave the property and the accused pulled the bike to the ground.
Ms. O'Neill suggested there was discrepancies in the complainant's evidence as when Mr. Mulhall had initially reported the incident to Garda Maher he said when he returned from his cycle there was a man standing outside the campervan with a baby in his arms.
Garda Ljevar told the court that when he attended the scene, he met with the victim who had cuts on his face and a black eye. He took photos of the injuries which were shown to the court. Initially, the victim had stated he did not wish to press charges but changed his mind and subsequently attended at Dundrum Garda Station where he made a statement to Garda Eoin Brennan.
Around the same time Neville attended at New Ross Garda Station and made a complaint of trespassing on his property. In his statement, Neville alleges he tried to block his yard to prevent Mr. Mulhall from leaving when he said 'you better get out of my way' and came at him at speed on the bicycle. He stated Mr. Mulhall then got off the bike and he grabbed it to prevent him from leaving until the Gardai arrived.
He alleges this is when Mr. Mulhall charged at him but missed and hit his son in the back instead. Neville claimed he then became irate and did swear at him as he had hurt his son. He stated the injuries the victim sustained were a result of Mr. Mulhall holding his arm, and when he pulled it free his hand slipped and hit Mr. Mulhall in the face. The defendant said he had reason to be cautious of trespassers on his property as his father's home had been robbed twice, to the value of €8,000.
Photo Source: Stock image.
News in 90 Seconds - June 28th
Judge John King held up the picture of the injuries to Mr. Mulhall's face stating 'a picture speaks a thousand words' and that in looking at the age of Mr. Mulhall against Neville he finds this version of events hard to believe.
Ms. O'Neill submitted to the court that Neville is 53 years of age, he is married with one child, he works in IT and has no previous convictions save for one of malicious damage in 1992. The defendant's solicitor also highlighted how there was no victim impact statement given to the court in this matter and there were also no financial losses sustained.
Judge King ruled that Neville had assaulted an elderly man and ordered him to serve 100 hours of community service in lieu of three months imprisonment.
Funded by the Courts Reporting Scheme
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Irish Sun
3 hours ago
- The Irish Sun
Major €35m drug bust as cops swoop on van in Cork after 500kg of cocaine smuggled ashore as two men, 30s & 40s, arrested
GARDAI have seized an estimated €35million worth of cocaine in a major operation in Cork. Two men, aged in their 30s and 40s, are in custody after officers from the It's understood the Gardai say the joint task force op - which includes Revenue's Customs Service, the Irish Naval Service, local gardai and the Irish Air Corps - remains ongoing and live. It is expected that further arrests will be made as part of the major investigation. The two men in custody are understood to be from the UK and Germany. READ MORE IN NEWS It is believed cops have seized around 500kg of cocaine, which is worth around €35m, however that is yet to be confirmed. A garda spokesman said: "A Joint task Force Drugs Interdiction operation is ongoing at this time in "This morning Gardai from the Garda National Drugs and Organised Crime Bureau stopped a van in the Courtmacsherry area of County Cork and a large quantity of suspected Cocaine has been recovered (exact quantity and value yet to be determined). "Two males (30s and 40s) have been arrested and are currently detained in a Garda Station in Co Cork under section 50 Criminal Justice Act 2007. MOST READ ON THE IRISH SUN "The operation is supported by the Joint Task Force partners, Revenue's Customs Service, the Irish Naval Service, and local Gardai and the Irish Air Corps. "As this is an ongoing operation no further details are available at this time. Gardai roll out new tool in crackdown on e-scooters "Further updates will be provided in due course." Justice Minister "Excellent cooperation involving Gardai, Defence Forces and Revenue, and another example of our work to disrupt the criminal gangs involved." Fine Gael's Noel O'Donovan also commended the work of Gardai following the bust in his constituency. He added the removal of the drugs off Cork's streets was "very welcome". He said: "I'd like to commend the work of An Garda Síochána both local and national units in the significant detection of an estimated €30 million worth of drugs off the West Cork coast this morning. "The seizure and removal of €30 million worth of drugs off our streets, towns and villages is extremely welcome. "This capture in rural West Cork highlights again the need for more resources and more Gardai to prevent and detect crime in our local communities." 1 Gardai are expected to make further arrests Credit: Alamy
Sunday World
4 hours ago
- Sunday World
Two men (30s and 40s) arrested as gardai seize ‘large quantity' of cocaine in van in Co Cork
Officers with the Garda National Drugs and Organised Crime Bureau intercepted the van in the Courtmacsherry area Two men have been arrested after gardai discovered a 'large quantity' of suspected cocaine in a van that was stopped in Co Cork this morning. Gardaí from the Garda National Drugs and Organised Crime Bureau intercepted the van in the Courtmacsherry area as part of a joint Task Force Drugs Interdiction operation. Courtmacsherry, County Cork. Photo: Creative Commons Today's News in 90 Seconds - July 1st Gardai say the operation that is supported by Revenue's Customs Service, the Irish Naval Service, local gardaí and the Irish Air Corps is 'ongoing' and no further details are available. However, further updates will be provided 'in due course'. Meanwhile, the two men who were arrested, one in his 30s and the other in his 40s, are currently detained in a Garda Station in Co Cork under section 50 Criminal Justice Act 2007.
Dublin Live
a day ago
- Dublin Live
Michael Gaine suspect Michael Kelley applying for Irish citizenship
Our community members are treated to special offers, promotions and adverts from us and our partners. You can check out at any time. More info The suspect in the murder of Kerry farmer Michael Gaine says he's now applying for Irish citizenship - and wants to become an author. Admitted illegal immigrant Michael Kelley (52), who is from Maine, is the subject of a deportation order - but now says he is going through the process to become a legal Irish citizen. "It's been a long term goal of mine. It just seems like the appropriate time now because I'm no longer underground. I was avoiding immigration (before)," he tells us in an exclusive interview today. Kelley, who was arrested on suspicion of the murder of the popular Kenmare based farmer on whose land he lived, also revealed to us that he is now writing "psychological thrillers" - in the style of his hero - famed Maine author Stephen King. "Oh, I have outlines of ideas. It's short stories in the tradition of Irish short stories," Kelley said of his writing aspirations. "Fiction, fiction, fiction. It's gonna be a tribute to Stephen King. He's from Maine, he's a neighbour of ours. He's one of Maine's most recognisable genre authors. It would be a tribute to Stephen King. "Psychological thrillers. In the genre of Stephen King. I have always been interested in writing. My sister is a writer. It seems to be a relevant aspiration," he told us. Asked if he has written about murder he said: "No, none of them are about murder." Writing is just one of the means Kelley says he now hopes to gain employment from - as he told us of going through the process to become a citizen here - all the while residing in a council owned property he was moved into in Tralee - amidst the murder investigation. "I am applying for citizenship. I'm in the process of starting that. I'm not getting much attention (in Tralee) thankfully. I'm beginning to integrate into the community. By minding my own business," he said. "As soon as I'm able to work I will also receive employment. It would probably be construction or something like that." We spoke to Kelley in light of the revelation that in recent days Gardaí investigating the murder of Mr Gaine had travelled all the way to the US - to speak to his ex wife. Speaking about the development, Kelley told us he was "perplexed" as to why officers spoke to her as he also revealed that they spoke to one of his adult daughters. "I think the word would be perplexed. She (My ex-wife) knows absolutely nothing about anything I've been doing. We haven't talked for years. I understand the oldest daughter was there and they spoke to her too. "For the life of me I can't see the relationship between a woman who hasn't talked to me for over 10 years and this case," he said of his ex. Mr Kelley said his daughter had told him of the meeting - and said Gardaí were "pleasant and nice" and appeared to be "just asking for general background information. "I think they're trying to establish my background character," Mr Kelley said. Mr Kelley said he accepted that the garda visit to Maine indicated that officers were still focused on him as a suspect in the murder of Mr Gaine - a crime he insists he did not commit. In a series of exclusive interviews with this paper, which first revealed he was the suspect in the baffling case, Kelley claimed he was being framed for the killing. "There may be elements that want to string me up. "People who have an interest in organised crime - people who are involved in organised crime," he told us. Mr Kelley accepted when asked by this paper that Gardaí are treating him as a suspect in the murder of Mr Gaine - after dismembered remains were found in slurry on his land in Kenmare. "Well that is a matter of record," he said when asked if he was being treated as a suspect and that he was arrested and interviewed by Gardaí - before being released without charge earlier this week. "Do you know who I am? Well then why do you ask? Whether or not I'm a suspect is not a matter of perspective. It's a matter of public record," he also said. Asked did he say anything to the Gardaí, Mr Kelley told us: "Well of course but that's all stuff that is privileged between the guards, the solicitor and myself." We then asked him if he denies any involvement in the murder of Mr Gaine - to which he said: "Yes." When we asked Mr Kelley what he believed had happened to Mr Gaine he responded: "It would be incautious for me to comment on that on the advice of my solicitor." (Image: Mick O'Neill/Daily Mirror/Irish Daily Star.) But he told us he was upset over Mr Gaine's death - and again affirmed that he is denying any involvement. When asked why he believed Gardaí were looking at him as the suspect he said: "Because I lived there." We asked the man, who subsequently posed for pictures for this paper, what he thought of the fact that body parts were discovered in a dismembered state. Mr Kelley cited the fact that at the time of this interview Gardaí had not yet formally identified the remains as being those of Mr Gaine. "I'm aware that the police claim that but I have not seen the evidence to that effect. I've seen only that they recovered body parts from the slurry tank but I have not seen that those body parts have been identified as Michael Gaine," he said. "So we have body parts but we don't know that they're Michael Gaine's and I was not shown any evidence of that myself." In a subsequent interview with this paper Mr Kelley said he was accepting "at face value" that the remains had been identified as being of Mr Gaine. He also spoke to us about Gardaí showing him photos of a chainsaw they believed may have been used to dismember Mr Gaine's remains. "The chainsaw thing is preposterous or they would have charged me. I mean Texas Chainsaw Massacre bullshit? I mean please. Preposterous," he said. "They had colour glossy photos of the chainsaw. I said where the f*ck is the glossy photograph of anything having to do with Michael Gaine's body? I didn't see it. "This is a little card game that they're playing. Where's your evidence? Where's the macabre photo?" he said. "They don't have it. They have nothing and if they did show me a colour glossy photo of the human remains they had I bet you I would have called bullsh*t right there and said there's no way that those human remains could be his." It's believed that whoever killed Michael Gaine used water and disinfectant to remove forensic evidence from the scene, washing it into the same slurry tank where the remains were later discovered. The finds were made by specialist Gardaí from the Technical Bureau and the Water Unit, who combed large areas of land as well as every inch of the large slurry tank. It was revealed in May that Gardaí are satisfied the remains are those of Mr Gaine, who was last seen in a Centra Shop in Kenmare, around 8 km from his farm, on March 20. Join our Dublin Live breaking news service on WhatsApp. Click this link to receive your daily dose of Dublin Live content. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don't like our community, you can check out any time you like. If you're curious, you can read our Privacy Notice . For all the latest news from Dublin and surrounding areas visit our homepage .
