Derek Brady (29), who works as a Signal Man, assaulted Andrew Elliott causing him harm by punching him in the mouth on June 13th last year at Holywell Drive in Swords.
Mr Elliott ended up with a cut lip and his teeth became loose. He said the cost of his dental treatment may amount to between €10,000 to €12,000.
Mr Elliott told Swords District Court he and his wife could hear noise vibrating through their house and as their young son was asleep, Mr Elliott went next door to Mr Brady to ask him to turn down the noise.
He claimed Brady told him he wasn’t turning it down.
Brady then called him by his nickname ‘Bongo’ and a verbal altercation took place between both men and their wives.
Mr Elliott claimed he went back into his own garden and over a steel railing separating both gardens, Brady turned and punched him in the left hand side of his face.
Mr Elliott claimed that because his teeth are still loose he is unable to play contact sports such as football.
Under cross-examining by the defence solicitor Mr Elliott claimed he and his wife were never friendly with Brady and his family.
Mr Elliott denied making aggressive steps towards Brady, denied spitting in Brady’s face before the punch but did admit insulting him back.
Brady, of Holywell Drive in Swords, told the court he raised the volume on his television while he his wife and stepson were watching The Avengers movie as he claimed there was a ‘racket coming from next door.’
He claimed Mr Elliott then kept his finger on his doorbell and a verbal altercation between the two men ensued.
‘He then went back to his own garden and spat at me,’ said Brady. ‘I thought he was going to punch me but I punched him first. Immediately I knew I had done wrong.’
He admitted he should not have called Mr Elliott by his nickname ‘Bongo’ and claimed he was annoyed Mr Elliott had insulted him and his wife with name calling.
His defence solicitor told Judge Dermot Dempsey that a conviction could cause Brady to lose his job in the defence forces and that it is a ‘difficult case.’
He said the defendant is prepared to come up with €15,000 within 12 months to help pay for the dental treatment for Mr Elliott.
Judge Dempsey said it was an ‘unfortunate situation’ and is prepared to give Brady the chance to come up with the money and apply Section 1.1 of the Probation Act if he does, because he said ‘there are two side to this story which is why I am taking this view.’
He adjourned the case for six months for Brady to come up with the first half of the payment.
He also ordered Brady to have no contact whatsoever with Mr Elliott and his family.
Source: Fingal Independent, 11th June 2016.