A Limerick man convicted of making a false statement to gardaí about an alleged incident involving Minister for Defence Willie O'Dea has won his appeal.
Matt Larkin from Altimira Court, Thomondgate, Limerick was convicted at Limerick District Court last year of knowingly making the false statement to gardaí following an alleged incident at the Bank Bar on O'Connell Street Limerick on September 22nd 2007.
The 36-year-old claimed in his statement to gardai that Minister O’Dea punched him several times in the stomach and grabbed him by the throat, allegations which the Fianna Fáil Deputy strongly rejected.
Mr Larkin, who was given a three month suspended sentence, had his conviction overturned at the Circuit Court in Limerick this afternoon, where Judge Ray Fullam allowed the appeal.
Judge Fullam said he was satisfied the prosecution had not proved beyond reasonable doubt that Mr Larkin's allegation of assault was false.
Referring to CCTV footage of the alleged incident the judge said it was clear Mr O'Dea was being badgered and harassed by Mr Larkin and in those circumstances as a matter of law he was entitled to use whatever force to defend himself.
He said one video-still showed the Minister's hand close to Mr Larkin's throat, which gardai suggested was the Minister protecting himself.
Judge Fullam concluded however, that given the scope of the offence of assault and the subjective test of criminal culpability he was not satisfied that the case was proved beyond reasonable doubt and upheld the appeal.