A SOLICITOR accused of assaulting a colleague in a row over what he described as “client-poaching” has been acquitted.
John Devane (50), who has a practice at Quinlan Street in Limerick, denied hitting fellow solicitor John Herbert twice in the groin area during an altercation outside Limerick courthouse almost 18 months ago.
Mr Herbert, with offices at Arthur’s Quay, Limerick, claimed Mr Devane had abused and assaulted him during a row over the representation of a client.
Mr Devane pleaded not guilty to assaulting Mr Herbert outside the courthouse on May 25th, 2011.
In evidence yesterday, Mr Herbert said he had been approached by a client of Mr Devane who asked him to represent his son in court that day. Mr Herbert insisted he walked away to allow Mr Devane an opportunity to speak with his client, who was outside the courthouse with his father.
Mr Herbert said that as he was leaving the area, he was followed by Mr Devane who was spitting invective and muttering personal and hurtful abuse, saying he would not be bullied out of clients.
He said as the pair were standing face-to-face, Mr Devane twice hit him in the groin. He said the first blow was extraordinarily sneaky and it was “short sharp movement”. Mr Herbert also said Mr Devane attempted to trip him.
He denied he grabbed Mr Devane by the throat but admitted pulling his tie which, he said, was “six inches below his throat”.
He said he was disgusted with himself, adding “it was something I should never have done”.
In his evidence, Mr Devane denied hitting Mr Herbert, who is a former university heavyweight boxing champion. He said the relationship between the men was “far from amicable” and he said it was Mr Herbert who had assaulted him. “He lunged forward, grabbed me by the throat and squeezed it,” he told the court.
Chris Lynch, also a practising solicitor, said he saw words being exchanged between the two. He could see there was a dispute between them but he did not see Mr Devane make any contact with Mr Herbert. He added at one point he saw Mr Herbert pushing Mr Devane away after he lunged at him.
Dismissing the case, Judge Denis McLoughlin said in any criminal case, the standard of proof has to be beyond all reasonable doubt and he said there were a number of “inconsistencies” in the case.