Mayo publican who ejected man from his premises is acquitted of assault
A Mayo publican who ejected a man from his premises has been acquitted of assault.
Hugh Corley, aged 41, of Ballintubber, contested the charge when he appeared before Castlebar District Court.
The complainant in the case, Paul Donohoe, aged 45, of Derrywash, Castlebar, alleged he suffered a dislocated shoulder after being forcibly removed from Corley’s Abbey Lodge in Ballintubber on November 11, 2023.
The complainant told the court he went to the pub with his cousin John at around 3.30 p.m.
He said they consumed four or five pints but upon cross-examination stated he could have had seven or eight drinks.
Mr. Donohoe said he was friendly with other customers in the pub but when he said hello to
Mr. Corley he was told he would have to leave.
He claimed the pub owner would not give him a reason why he was asked to leave the premises.
Mr. Donohoe alleged that his phone was grabbed from him and he was pulled off his stool from behind by Mr. Corley.
He claimed he struck his shoulder on the door jamb as he was being ejected from the bar.
He said once outside his phone was thrown at him and it broke.
The court was told Mr. Corley rang the gardaí after the incident and officers took Mr. Donohoe to Mayo University Hospital.
Solicitor Mr. Dermot Morahan, representing Corley, put it to Donohoe that he had been asked to leave the pub 13 or 14 times.
The solicitor claimed Mr. Donohoe made derogatory remarks to customers and his cousin John was mumbling to himself and shadow boxing at the bar.
“You fell of your own volition outside the pub. That’s how you hurt your shoulder,” said Mr. Morahan.
The complainant’s cousin John Donohoe denied causing any trouble in the bar when giving evidence.
The court heard Mr. Corley had been at a funeral with two of his sisters and his brother-in-law. Following the funeral they went to the pub.
His sister Margaret Gray, who works as head chef at the bar, said the family would know 90% of their patrons but did not know the Donohues.
She alleged the men made insulting comments to customers and were asked to leave on numerous occasions but refused.
Mr. Corley had earlier requested his staff to stop serving the men as he believed they had consumed enough alcohol.
Several customers gave evidence during the trial.
One customer said the men had caused a 'bad atmosphere' in the pub and would not leave.
He said Paul Donohoe resisted efforts to put him out of the pub and three to four people had to eject him.
Witness said while Mr. Donohoe was outside and on the other side of the road his phone was thrown at him by another customer.
He said Mr. Donohoe slipped and fell as he went to pick up his phone and then began roaring and shouting in pain.
Mr. Corley told the court that in 15 years of running the pub he never had to physically remove a customer before.
He said he had offered the men lifts home but Paul Donohoe told him: “I have any amount of f***ing lifts.”
Mr. Corley said the complainant became like a ‘spoilt child’ and did not want to leave the public house.
The publican said he felt he had to remove Mr. Donohoe as he felt it was becoming unsafe for his customers.
He was assisted by other patrons in taking the man out of the bar.
Mr. Corley said there was 'no way' that Donohoe hit the door jamb as there were too many people between him and the door.
He alleged too that Mr. Donohoe fell and hurt his shoulder when picking up his mobile phone.
“I had absolutely no hands on him when he injured his shoulder,” said Mr. Corley.
Another customer said Paul Donohoe twice made insulting comments to his wife. He assisted in ejecting him from the pub and it was he who threw Mr. Donohoe’s phone at him. He later apologised for this action.
“He fell down on top of the phone,” the witness told the court.
Judge Deirdre Gearty said she believed a 'breach of the peace was possible' due to the atmosphere in the pub.
The judge said it would be unsafe to convict Mr. Corley and dismissed the case against him.
* Funded under the Courts Reporting Scheme