A MAN appealing an assault conviction that was at the centre of a dispute, which was linked with the resignation of former minister of state Trevor Sargent, is seeking disclosure of all letters relating to the case. The letters include those by “third parties”, Dublin Circuit Court heard yesterday.
Travel agency worker Dominic McGowan (31), a constituent of Mr Sargent in north Co Dublin, became embroiled in a row with neighbour Stephen Mulvany (35) in September 2007.
McGowan claimed he witnessed a child trying to remove a road sign in Cardy Rock Close, Balbriggan. He went to report the alleged act of vandalism to the child’s parents but claimed he ended up being assaulted and head-butted by Mulvany, who lived a few hundred metres away in Cardy Rock Square. In March last year, McGowan was convicted of threatening and abusive behaviour contrary to section 6 of the Public Order Act and fined €500.
Mulvany, a father-of-three, was also convicted of threatening and abusive behaviour and of the more serious charge of assault. He received a €500 fine and a four-month prison sentence, but he is now appealing this conviction.
In Dublin Circuit Court yesterday, Mulvany’s solicitor Michael Hanahoe told Judge Michael White there were “some delicate issues”.
“I am seeking full disclosure including all letters, including letters by third parties.”
Judge White said the request was reasonable and adjourned the case for four weeks for mention. He also noted that the alleged incident dated back to September 2007 and said “urgency would be required”.
McGowan had told Green Party TD Trevor Sargent, then minister of state for agriculture, at a constituency clinic in June 2008 that he was unhappy at also being summonsed to appear in court on a charge in relation to the incident.
Mr Sargent subsequently wrote to the prosecuting garda, saying he believed it was “wholly inappropriate” for a summons to be proceeded with as witnesses for McGowan had yet to be interviewed.
Mr Sargent stepped down as minister of state last February after accepting he made “an error of judgment” in contacting gardaí about the case involving McGowan, his constituent.