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17 Aug 2022

Woman cleared of assault using ‘long metal pole’

Case dismissed

Woman cleared of assault using ‘long metal pole’

A Two-Mile-Borris woman who was found to be driving with excess alcohol, also had a case of assault against her dismissed at Thurles District Court.

Sgt Andrew Lyons told Judge Elizabeth MacGrath that Garda Jeremiah Hogan was on patrol in Wrensborough, Thurles, on August 6, 2017. Garda Hogan observed a vehicle being driven “erratically”.

The driver, Eleanor Jordan, of 7 Cluain na Seimre, Two-Mile-Borris, Thurles, failed a roadside breath test. She was taken to Thurles Garda Station and provided a urine sample which showed a alcohol/urine concentration of 84/100. The legal limit is 67 milligrammes of alcohol per 100 millilitres of urine for experienced drivers.

Ms Jordan has 11 previous convictions. Barrister Pádraig De Burca said Ms Jordan is a mother of three children. She is in receipt of carer’s allowance, and was in a “bad place” at the time of the incident, said Mr DeBurca, in reference to the assault accusation. Ms Jordan had pleaded guilty to driving with excess alcohol, and was asking for leniency.

Judge MacGrath fined Ms Jordan €150 and disqualified her from driving for six months, postponing the term to January 1 next.

Separately, Ms Jordan was accused of assaulting Michael Keane at Clohessy Place, The Ragg, on June 23, 2017. Michael Keane told the court he was at home when a car pulled up and he heard shouting in the yard. Eleanor Jordan picked up a long metal bar in temper and “hit me”, alleged Mr Keane. “A child got out of the car and tried to stop her.” Mr Keane alleged that Ms Jordan also hit the child, while there another three children in Ms Jordan’s car. It was alleged Ms Jordan cut her hand on chicken wire during the incident, but “I never touched her,” said Mr Keane.

Mr Keane said he suffered injuries to his left leg, “for a number of weeks”, but did not require medical treatment. The court heard the pair had had a falling out prior to the incident. “Do you have it in for Ms Jordan,” asked Mr De Burca. “No,” said Mr Keane.

Garda Caroline Drennan attended the scene of a dispute at 14 Clohessy Place, The Ragg, at about 2.50pm. She saw a man and a woman in a “heated argument.” She spoke to Eleanor Jordan, who was “very agitated.” Ms Jordan alleged she had been assaulted by Mr Keane, resulting in a cut hand. “She showed me a cut on her thumb,” said Garda Drennan.

Garda Drennan spoke to Michael Keane, who said he had been struck with a “large metal pole.” She observed a “small amount of blood” on Mr Keane’s temple, but no marks on his leg. “Would you have expected to see some marks” if he was hit, asked Mr DeBurca, to which Garda Brennan replied she would have.

Mr De Burca maintained that “no assault” took place, there was reasonable doubt, and the prosecution had not met the threshold of evidence required.

Under questioning, Eleanor Jordan said she approached the Ragg, and Michael Keane’s partner had started calling her names which she “cannot say in court.” She did look to speak to Michael Keane. “She called me a liar, and made false allegations,” said Ms Jordan. “I did not assault Michael Keane. I said this matter should be kept between ourselves. I did not strike him that day.”

Ms Jordan said she did not pick up an iron bar, but she was “angry and upset.”

Judge MacGrath said as this was a criminal prosecution the case has to be proven “beyond reasonable doubt.” Having heard both parties, Judge MacGrath said it was unsafe to convict and dismissed the charge of assault.

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