Two sons of controversial TD Michael Healy-Rae were on Monday found guilty of assaulting a man on a night out.
Kevin Healy-Rae and his brother Jackie, who is a Kerry County Councillor, along with Malachy Scannell, all denied assaulting Kieran James.
The 30-year-old victim, who is from Britain, suffered a broken nose, chipped tooth and bruises during the assault which took place on December 28, 2017.
While all three defendants vigorously denied the assault causing harm charges relating to two incidents in Kenmare on the night in question Judge David Waters told Tralee District Court he was “absolutely satisfied” of the men’s guilt and adjourned sentencing until December 6.
The Healy-Rae brothers, with a address at Sandymount, Kilgarvan were both charged with assault causing harm to Mr James on December 28, 2017 at Main Street, Kenmare.
Jackie Healy-Rae, 23, also faced a second charge of common assault. Scannell, 34 of Inchinacoosh, Kilgarvan, was charged with assault causing harm to Cornelius O’Sullivan and Mr James at Main Street Kenmare on the same date.
Judge Waters described Mr James, was an “incredibly reliable witness” adding he did not accept criticism of the Garda investigation.
The assault came about after an incident at a chip van parked in the town in the early hours of the morning in question.
It was alleged that Kevin Healy-Rae, 22, came to the van and pushed his way in by the queue claiming: “This is my town, this is my chip van”.
But in a statement made to gardai which was read out in court, Kevin Healy-Rae claimed he was ordering chips on the night and noticed an older man staring at him in an intimidating fashion “passing smart remarks” and felt intimidated because he was on his own.
The statement added: “I didn’t know this man but I recognised the people with him and they hate my family, mainly because of politics.”
Healy-Rae claimed he felt under such pressure that he went to find his brother Jackie and asked him to come back to the chipper while he got his food.
He claimed when he returned to the van he was struck in the eye resulting in the displacement of his contact lens.
Kevin Healy-Rae’s statement said: “I believe it was started because of my family’s political connections. There are people all over the country who hate my family. I was brought up to let it go, to smile and to walk away.”
Kevin Healy-Rae denied being drunk but Judge Waters said his brother should have exercised proper judgment but instead became involved himself.
In a statement Jackie Healy-Rae admitted holding Mr James in a headlock after seeing him go for his brother
He said “I restrained this old man. I caught him in a headlock”.
Judge Waters said he was particularly struck by the evidence relating to Jackie Healy-Rae “having the victim in a headlock, and smiling as he did it”.
At an earlier court appearance Mr James, who was on a Christmas visit to family in Kenmare, described a man pushing through the queue at the chip.
He did not know at the time it was Kevin Healy-Rae but when he was informed there was a queue he replied “this is my town and this is my chip van”.
After the hearing the solicitor for the three men confirmed they will be appealing all convictions.
