A MAN WHO claimed Minister for Defence Willie O'Dea assaulted him in a Limerick pub has been convicted of making a false statement to gardaí about the alleged incident.
Matt Larkin (35), Altamira Court, Thomondgate, Limerick, was given a three-month suspended jail sentence at Limerick District Court yesterday in what the judge described as one of the "most bizarre cases" he had come across.
The security worker claimed Mr O'Dea punched him three to four times in the stomach before grabbing him by the throat at the Bank Bar on O'Connell Street, Limerick, on the night of September 22nd/23rd last year.
Mr O'Dea vehemently denied the claims and told the court he has never punched or grabbed anybody by the throat in a pub in his life. When asked to explain CCTV footage shown in court in which he has his hand raised in front of him, Mr O'Dea said he was doing so in a "protective manner". "I have my left hand out in front of me to protect myself in the event of an attack," he said.
The court was shown extensive CCTV footage of the interaction between Larkin and Mr O'Dea during more than four hours of evidence on Thursday evening.
After reviewing the evidence and a DVD of the CCTV footage overnight, Judge Tom O'Donnell returned with his decision yesterday morning. Before convicting Larkin, he said it was "one of the most bizarre cases" he had had to deal with in his experience as a District Court judge.
He said he did not accept that Mr O'Dea had grabbed Larkin by the throat in a vicious manner or that Larkin was thumped in the stomach, as he alleged in his statement to gardaí.
Larkin, who has 14 previous convictions, pleaded not guilty to a charge of making a false statement to gardaí at Henry Street Garda station in Limerick on October 5th last year.
Judge O'Donnell said it was quite clear the defendant had a "vexed agenda" when he approached the Minister shortly after 1.30am on the night of the alleged incident.
He said Larkin wanted to let the Minister know, in no uncertain terms, how he felt about a number of matters, including Shannon airport, the Corrib gas field, the healthcare system, the Mahon tribunal and Bertie Ahern.
"I would have to be of the view that while Minister O'Dea has a high profile and politicians have to be thick-skinned, even a Minister is entitled to some down time," Judge O'Donnell said.
He also found it bizarre that Larkin's brother, who also gave evidence, did absolutely nothing when his brother was allegedly being thumped and grabbed by the throat, he said.
Ultan Larkin, according to the defence, had a "bird's eye" view of the discussion between Mr O'Dea and his brother, and he told the court he was "100 per cent certain" he saw Mr O'Dea grabbing his brother by the throat.
Judge O'Donnell made reference to the fact that the defendant could be seen on the CCTV footage returning to the company of his friends in a "jovial manner" after he was allegedly thumped in the stomach and grabbed by the throat, and that he had gone on to Ted's nightclub afterwards.
Judge O'Donnell said nobody had corroborated or supported this evidence during the trial.
He said it was "manifestly clear" from the evidence on the DVD that Mr O'Dea had left the Bank Bar of his own volition.
During his evidence, Larkin claimed the Minister was dragged away from him and was "physically trying to jump over people and making two-fingered gestures at him" as he was being led away.
Judge O'Donnell said he had to view the case as a "serious matter which had involved a substantial amount of Garda time" and imposed a three-month sentence.
He suspended the sentence on condition that Larkin was of good behaviour for the next year.