Nenagh Court heard that injured party was kicked in the rear end during affray
A man who was involved in a disturbance in Nenagh is to be assessed for the community restorative justice programme.
However, Judge Elizabeth MacGrath warned the defendant at Nenagh Court that completing the programme was no guarantee she would strike out the offence.
Shane Flynn of Knockalton, Nenagh, pleaded to affray on Kenyon Street, Nenagh, on April 22, 2019.
The court heard that CCTV footage showed an altercation between two groups in which a person fell to the ground and Mr Flynn was observed kicking him.
However, Pat Liston, solicitor for Mr Flynn, said that it was “more kicking in the rear end” as the injured party was falling.
His client had not kicked someone who was prostrate on the ground.
Mr Flynn had been on the periphery of the incident, said Mr Liston.
He said Mr Flynn, a carpenter, had too much to drink on the occasion.
Judge MacGrath adjourned to case to October 15 to see if Mr Flynn was suitable for restorative justice.
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