A 35-year-old man who claimed the 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, Altamira Court, Thomondgate, Limerick was given a three-month suspended jail sentence at Limerick District Court today in what the Judge described as one of the “most bizarre cases” he has 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 in Limerick on the night of September 22nd 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 Minister 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 both Mr 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 this morning.
Before convicting Mr Larkin he said it was “one of the most bizarre cases” he has had to deal with in his experience as a District Court Judge.
He said he did not accept that Mr O’Dea grabbed Mr Larkin by the throat in a vicious manner or that the defendant was thumped in the stomach as he alleged in his statement to gardaí.
Mr 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.
The 35-year-old’s previous convictions include motoring offences, failing to comply with the directions of a garda, engaging in threatening and abusive behaviour, road traffic matters and one charge under the Offensive Weapons Act.
Judge O’Donnell said it was quite clear the defendant had a “vexed agenda” when he approached the Minister’s company shortly after 1.30am on the night of the alleged incident.
He said Mr Larkin wanted to let the Minster know, in no uncertain terms, how he felt about a number of matters, including Shannon Airport, the Corrib gas field, the Health Care 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,” said Judge O’Donnell.
Judge O’Donnell said he also found it bizarre that the brother of the accused, who also gave evidence, did absolutely nothing when his brother was allegedly being thumped and grabbed by the throat.
Ultan Larkin, according to the defence, had a “birds eye” view of the discussion between Minister O’Dea and his brother and in his evidence he told the court he was “100 per cent certain” he saw Minister O’Dea grabbing his brother by the throat.
Judge O’Donnell also made reference to the fact that the defendant can 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.
In his evidence Mr Larkin claimed a tall grey haired man approached him on behalf of Minister O’Dea while he was leaving the nightclub and told him that Mr O’Dea was “completely out of order” and that he would be getting an apology.
Mr Larkin said he gave this man his telephone number but he never received an apology from Minister O’Dea.
Judge O’Donnell said nobody had co-oberated or supported this evidence during the trial.
He also said it was “manifestly clear” from the evidence on the DVD that Minister O’Dea had left the Bank Bar of his own volition.
During his evidence Mr 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 Mr Larkin was of good behaviour for the next year.