A father of six with previous convictions for assault and domestic violence perpetrated a "totally unprovoked" assault on Circuit Court Judge Brian Curtin in Tralee, a judge said yesterday.
The incident happened, according to the prosecuting solicitor in the case, when the defendant accused the judge of being "only a paedophile".
Judge Gerard Haughton warned against turning the case in Tralee District Court into "the trial of the victim", after the solicitor for Thomas Hallissey argued that the assault on Judge Curtin was provoked by an alleged remark about Travellers. Judge Curtin, who was not in the court room yesterday, was available to be called, the court was told.
Hallissey (40), Mitchels Crescent, Tralee, was offered 120 hours of community service as an alternative to spending six months in prison. Judge Curtin had "specifically" requested the court not to treat him harshly, it also transpired yesterday.
Hallissey, who accepted the offer of community service, admitted assaulting Judge Curtin at Castle Street, Tralee, on March 21st, 2004. At the outset yesterday, the DPP withdrew a second charge against Hallissey of being intoxicated in a public place.
State solicitor Ed O'Sullivan, for the DPP, said that on the day in question Judge Curtin had arranged to meet a former colleague but when he arrived at Castle Street, his colleague was not there and he called him on his mobile phone.
Mr O'Sullivan said Hallissey passed by and said: "I suppose you are ringing young ones, you should be hung." Judge Curtin did not reply, but the accused returned and said: "You gave me 18 months. You are only a paedophile."
Mr O'Sullivan said Judge Curtin said he did not know him and he was not a paedophile,. Hallissey hit him three times on the face. "Brian Curtin would say the blows were not strong," Mr O'Sullivan said.
Hallissey had several previous convictions for public order, larceny, criminal damage, a road traffic offence and a number for assault, the solicitor said. He had been convicted also several times for domestic violence.
"It is not a matter for the prosecution but the injured party said he wanted me specifically to tell the court he did not wish the accused to be dealt with harshly."
Hallissey's solicitor, Joe Mannix, said his client was unemployed, a grandfather and father of six, two of whom were in special schools.
He was a settled member of the Travelling community in Tralee, had had a lot of drink problems and came from a "background that has its own difficulties".
It had been three years since his last conviction.
On March 21st, 2004, he believed he had heard Judge Curtin say something derogatory in public about two Travellers nearby, Mr Mannix said. His client regretted what had happened and apologised but there were "extenuating circumstances" and "provocation" in the eyes of Hallissey, Mr Mannix said.
Mr O'Sullivan said the State "would absolutely refute" that Judge Curtin had made derogatory remarks. "The State accepts what Mr Curtin said of the incident," he said.
The allegation had not been made in Hallissey's original statement to the Garda.
A second statement he had made said: "I heard Judge Curtin say look at those pavees across the street."
A Garda patrol had witnessed much of the incident and was "satisfied Mr Curtin was not talking to another person but was on the phone", Mr O'Sullivan said.
Judge Haughton rejected Mr Mannix's statement that there was "no reason" why Hallissey would "out of the blue" attack Mr Curtin. His previous convictions might contradict that. He said the trial was "effectively turning into the trial of the victim".
Judge Haughton said it was a "totally unprovoked assault".
Hallissey had chosen not to go into the witness box and give sworn evidence to back up his allegation against the victim, the judge said.
"This was an unprovoked assault on an innocent victim," he repeated. He convicted Hallissey and sentenced him to six months in prison but was offering him "an alternative" of 120 hours community service.
The judge adjourned the case to May 4th.