Two young boys saw their father repeatedly slashed in the face with a carpet knife in an unprovoked assault at a daylight “ambush” at a cemetery in Ennis two years ago.
In the assault, James Galbraith (36), of Lissaniska, Ennis, sustained two long slash wounds across his left cheek to his ear.
The scars were visible on Mr Galbraith’s face at Ennis Circuit Court on Thursday.
In evidence, Garda Colin Egan witnessed Mr Galbraith also receive a hockey stick blow to the forehead that sparked what he described as "complete mayhem" at Drumcliffe cemetery involving 15 to 20 people on August 27th, 2013.
Garda Egan said Mr Galbraith received a further blow across the back with a stick while he lay on the ground.
Eyewitness Michael Doherty told the court Mr Galbraith was the victim of an "ambush" and said if gardaí had not arrived at the scene "someone would have been killed".
In the case, Mr Galbraith was before the court charged with possession of an axe with intent at the cemetery on August 27th, 2013.
Judge Gerald Keys directed the jury to find Mr Galbraith innocent of the charge after hearing the State's case.
He told the court Mr Galbraith “was savagely assaulted on three occasions, and on the third attack when he was on the ground he saw an instrument and picked it for the purpose of self-defence”.
Judge Keys said: “It would be improper and unconscionable for a jury to convict Mr Galbraith in the circumstances presented by the State.”
He added: “None of the three parties that the gardaí say savagely assaulted this man are charged with assault. There is something wrong.”
Client disfigured
Counsel for Mr Galbraith, Lorcan Connolly BL, said his client is disfigured from the attack and required plastic surgery for his wounds.
Mr Galbraith’s brother-in-law Michael Doherty told the jury the ambush took place after members of the Joyce family demanded that they meet up with the Dohertys at Drumcliffe to “prove a story”.
Mr Doherty said they had to go along to prove the Dohertys didn’t warn a man, James “Codeye” Keenan from Clarecastle, not to attend the funeral of Thady “The Legend” Joyce.
He explained to the jury: “In the Traveller culture, if someone leaves a lie on you, you have to prove that it wasn’t the case, and you go to a man of cloth, a priest, and take the Bible and say that you never said anything about these people.
“I told the Joyces to go to a priest, but they wanted it at their father’s grave. It is not right to go to a grave to do anything like that.
“I didn’t want to go to the graveyard, but if you didn’t go, you would be put down for telling lies.”
Mr Doherty said that he met the Joyces at the cemetery "and they took James Keenan out of the back of the car and we asked him the story and he said that he never said it."
Mr Doherty said the Joyces had taken Mr Keenan hostage in the back of the car as part of the ambush.
He said: “All the Joyces had weapons. This wasn’t about proving no story. They wanted a row. We had no falling out with them at any time.”
Mr Doherty said he saw Brian Joyce (21), of St Enda’s, Beechpark, Ennis having a dispute with Mr Galbraith, who had just arrived at the cemetery, and slash Mr Galbraith across the face a number of times. “It only took a minute,” he said.
Garda Egan said the three Joyce brothers dropped their weapons when they saw gardaí.
He said he saw Mr Galbraith pick up an axe and chase David Joyce.
He said: “There were large numbers of people going in all directions trying to assault each other.”
