A LIMERICK man has won his appeal against a conviction for making a false statement to gardaí in which he claimed Minister for Defence Willie O’Dea punched him in the stomach and grabbed him by the neck.
Matt Larkin, Altimira Court, Thomondgate, Limerick, was convicted at Limerick District Court last year of knowingly making a false statement following an alleged incident at the Bank Bar on O’Connell Street in Limerick on September 22nd, 2007.
The 36-year-old claimed Mr O’Dea punched him several times in the stomach and grabbed him by the throat in the packed pub.
Mr O’Dea denied the claims when he was called as a witness in the case both last year and during the appeal which was heard at Limerick Circuit Court on Thursday.
“I didn’t strike him and I didn’t take him by the throat in any shape or form. I’ve never done that to anybody in my life in a public place, not on September 22nd, 2007, not before or not since,” he said.
Mr Larkin was given a three- month suspended sentence following his conviction last year, but his conviction was overturned yesterday by Judge Ray Fullam.
The judge concluded that “given the scope of the offence of assault and the subjective test of criminal culpability” 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 that Mr O’Dea was being badgered and harassed by Mr Larkin and he was entitled to defend himself.
“Mr O’Dea was subjected to a tirade of abuse from the accused and felt intimidated and apprehensive of an assault. In those circumstances, as a matter of law, he was entitled to use whatever force he felt necessary to protect himself,” he said.
The judge said he was satisfied Mr Larkin had not been punched in the stomach, but said there was one clip on the CCTV footage which showed the Minister’s hand close to his throat. It was not possible to tell whether Mr O’Dea’s hand had actually touched Mr Larkin’s throat or which direction it was travelling in, but he described Mr Larkin’s head as being in a “stiffened and recoiled position”.
“I am satisfied the prosecution has not proved beyond reasonable doubt that Mr Larkin’s allegation of assault, by grabbing the throat, is false. I will allow the appeal,” said Judge Fullam.
Mr Larkin said he was delighted with the outcome and the decision “that I didn’t tell a lie”.
A spokeswoman for Mr O’Dea said he would not be commenting.