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Compo vulture Thug who tried to sue council after fall carried out vicious assault less than a month later

Gerard Morey was seeking up to €60,000 in damages from Tipperary County Council at the Circuit Civil Court this week, but the case was dismissed and he was ordered to pay costs after a judge said the council had no case to answer

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Gerard Morey managed to beat up his victim just weeks after a street fall.

Gerard Morey managed to beat up his victim just weeks after a street fall.

Gerard Morey managed to beat up his victim just weeks after a street fall.

A violent criminal who sued his local council after claiming to be injured in a pothole fall carried out a terrifying home invasion and vicious assault less than four weeks after the incident.

Tipperary thug Gerard Morey was seeking up to €60,000 in damages from Tipperary County Council at the Circuit Civil Court this week, but the case was dismissed and he was ordered to pay costs after a judge said the council had no case to answer.

The Sunday World can reveal that on May 23, 2015 - less than four weeks after sustaining his injuries - Morey had recovered sufficiently to climb in through his neighbour's window and violently attack one of the occupiers in a burglary.

As the case was due to get underway in Clonmel on Thursday, Morey's barrister E.J Walsh told Judge Eoin Garavan that her client had been in contact that morning to say he had been delayed but was planning to attend court.

The court was told Morey's transport to the court had fallen through but subsequently heard he was en route and was around 20 minutes away.

The case started without Morey, (31), with an address at Aherlow Crescent, Tipperary Town, present and heard from independent engineer Michael Fogarty, who said he visited the site of the alleged accident with Mr Morey who pointed out the pothole to him.

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Gerard Morey

Gerard Morey

Gerard Morey

The court heard that Morey said he was crossing the road at around 8pm on April 28, 2015 on St Michael's Avenue in Tipperary town and claimed he tripped and fell in a pothole and suffered a number of injuries. Mr Fogarty agreed with defence barrister William Fitzgerald that he would expect someone to put their hands out to break their fall in such a scenario.

"I would, yes, unless you had hands in your pocket or were carrying something I'd expect you'd put your hands out," Mr Fogarty said.

Mr Fogarty said while he examined the pothole he had no evidence of malfeasance on behalf of Tipperary County Council in relation to the road surface in general, which he agreed was in reasonably good condition other than the pothole.

After Mr Fogarty had concluded his evidence there was still no sign of Morey and his legal team was unaware of his whereabouts.

Mr Fitzgerald, defending the Council, made an application to the judge to strike out the case.

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Judge Garavan said as Morey wasn't there to add anything further, he couldn't see what case there was, and said rather than strike out the case he was dismissing it which means it can not be re-entered.

"I have no alternative but to dismiss the case," the judge said.

He said the "invisible" plaintiff had "failed on the most basic aspect of the case" and made an order for costs against Morey.

Costs have yet to be determined but are likely to be in the region of €15,000 based on previous similar cases.

Morey was jailed for five years for the terrifying home invasion in 2015.

Morey's pal Declan Price entered the home in Linden Court in Tipperary Town through a window while a woman was inside with her baby.

The woman then spotted Price in the utility room of the home and alerted her housemates who came to her assistance and contacted gardai. The woman's partner Ming Gin Wang arrived back at the house and attempted to restrain Price while another friend arrived and tried to assist Mr Wang.

Price then attacked Mr Wang by punching and kicking him. He also picked up a hammer.

At this point Morey climbed in through the window and joined in the vicious assault on Mr Wang, kicking and punching him, leaving him covered in blood and suffering from a number of injuries.

Morey tried to make a getaway after the attack but gardai arrived and arrested him. As he was being brought to the garda station he spat at one of the arresting officers.

Mr Wang was rushed to hospital where he was treated for a number of serious injuries, including a fracture to his upper jaw, swelling to his head and a bleeding nose.

Morey was sentenced to eight years for the burglary, three years for assault causing harm and four months for spitting at the gardai. The sentences were all concurrent and the final three years were suspended.

The court heard Morey had 29 previous convictions, including two for assault. He had a difficult upbringing and had a history of drug and alcohol addictions.

Morey wrote a letter of apology to Mr Wang but the victim found it difficult to accept. He also wrote a letter of apology to the garda he spat at, who accepted the apology.

Price was given a 10 year sentence with three suspended for his involvement in the home invasion. He has 50 previous convictions for offences including burglary, possession of knives and production of an article under the Firearms and Offensive Weapons Act.

The pair appealed the severity of their sentences in relation to the home invasion case but were unsuccessful in their appeal.

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