A senior counsel convicted of assaulting a Balbriggan barber with a fencing sword, yesterday lost his appeal in Dublin Circuit Court against conviction and a fine of €634.87.
Judge Katherine Delahunt rejected evidence and submissions on behalf of fencing enthusiast James Gilhooly, Sea Road, Malahide, that he had taken the sabre from his car solely for the purpose of self-defence.
Mr John Peart SC, for Gilhooly, told the court an incident developed in Malahide in August 1999, when Balbriggan "Lord Mayor" and local barber Mr Shane Byrne found the parked car of his wife, Sharon, had been damaged. He said Gilhooly's car had been parked next to it and matters had developed from there.
Mr Byrne told State Solicitor Mr Liam Mulholland that when he asked Gilhooly if he had damaged his wife's car or if he had seen someone else do so, Gilhooly had gone into a rage, like a man possessed. "He went into a fit of rage and called me a scumbag who was setting up a 'try on' to justify an insurance claim," Mr Byrne said.
Mr Byrne told the court Gilhooly stuck his finger into his eye three times. Gilhooly had gone to get the Garda and on his return, took a sword from the boot of his car and held him at sword point until gardaí arrived. "He swished it in front of my face a couple of times and said he would slice my face open," Mr Byrne said.
Garda Carina Ryan said when she arrived at the scene Gilhooly was waving the sabre in front of Mr Byrne's face.
Gilhooly said Mr Byrne had approached him in an aggressive and abusive fashion. He felt it was an insurance "try on" and he walked to the nearby Garda station to report the matter.
When he returned to the scene Mr Byrne had barged into him.
Gilhooly told the court he felt threatened and that Mr Byrne was about to strike him. He said it was then he reached into the boot of his car and took out the fencing sabre.He denied poking his finger in Mr Byrne's eye or ever touching him.
Affirming the district court conviction for assault and the €634.87 fine, Judge Delahunt said the production of a sabre in the Main Street in Malahide was not a reasonable use of force.
She took into account a second charge of having with him in a public place a sabre with the intent to intimidate.