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Guilty plea Takeaway pint drinker assaulted resident after being caught urinating outside house, court told

The pub that sold him the drinks had refused to let him in to use the toilets amid lockdown restrictions, a court heard.

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Eoghan O'Mahony of Rathmines Town Centre, was charged with assault and public order offences

Eoghan O'Mahony of Rathmines Town Centre, was charged with assault and public order offences

Eoghan O'Mahony of Rathmines Town Centre, was charged with assault and public order offences

A takeaway pint drinker who urinated outside a house told the annoyed resident he had "no choice", then assaulted her when she took her phone out to photograph him.

Eoghan O’Mahony (40) hit the woman on the arm as he tried to grab her mobile during the confrontation at Dublin's Portobello Harbour.

The pub that sold him the drinks had refused to let him in to use the toilets amid lockdown restrictions, a court heard.

Judge Bryan Smyth struck the case out, leaving O'Mahony without a criminal record after he paid €500 to charity and €500 to the victim, who was unharmed.

O’Mahony, with an address at Rathmines Town Centre, pleaded guilty to assault, public drunkenness, threatening, abusive and insulting behaviour and giving gardai false or misleading details.

Garda Thomas Hughes told Dublin District Court on April 24 this year, he received a report that a man had urinated outside a woman’s house in Portobello.

He found the accused on the other side of a lane and the woman had taken a photograph, he said. He was told words had been exchanged, the woman had taken a photo and the accused had tried to grab her phone. He struck her on the arm in the course of this, but “no harm was done and he wasn’t trying to assault her,” the garda said.

Judge Smyth said his sense of what happened was the woman was annoyed because the accused had urinated outside her house. In relation to the false details offence, the garda said O'Mahony gave “bits of” his name, and he thought this was due to drink taken. The accused was not abusive to him, he said.

O’Mahony had since gone to the garda station and apologised. He had no prior convictions.

He had also written letters of apology and brought €1,000 to court as a gesture of remorse, his lawyer said.

O’Mahony had gone for a walk with his brother on a “fine day” and on the way back decided to have a takeaway drink from a licenced premises, she said. He had a number of them before he sought permission from the proprietor to use the facilities.

He was refused and looked around and identified a laneway he thought was private. He did not realise it was 50 metres from the injured party’s front door, his lawyer continued.

She came out and said “do you think that’s alright?” and O’Mahony replied: “no, but I have no choice.”

She took out her phone and he thought she was videoing him and told her to stop.

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“He reached out and grabbed her phone, he made contact with her arm,” his lawyer said. “He didn’t intend to do that.”

O'Mahony gave the garda some incorrect details because he was “intoxicated and panicking at what the situation had turned into.”

He was a “professional man with an excellent work history.” He was not a regular drinker and “this has been a source of great embarrassment to him,” the lawyer said.

“It wasn’t a very pleasant thing for the residents to have to put up with but he’s met the case in a very proper manner,” Judge Smyth said.

The judge said he would allocate €500 to charity and €500 to the victim if she wished to receive it, and struck the case out.

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