*Smith O’Briens GAA.
A FATHER who head-butted another Dad at an East Clare GAA ground has been convicted of assault but has escaped a jail term.
This follows Judge Alec Gabbett imposing 60 hours community service on Maurice Crotty (44) of Millstream, Killaloe for the assault on Aidan Fleming in May of last year at Smith O’Brien’s GAA club.
At Killaloe District Court sitting in Ennis, Judge Gabbett said that he was not imposing “a deterrent sentence” on Mr Crotty because of the good work he has done with the Probation Service after entering his guilty plea.
Judge Gabbett said that he had to mark a conviction in the case and imposed the 60 hours community service.
Judge Gabbett said that Mr Crotty “really has done good work with the Probation Services which reduces his risk of re-offending significantly and the Probation Service believe that the matter can be disposed of without its further involvement”.
Judge Gabbett said that in the case there is a victim, Mr Fleming who believes that he has suffered reputational damage as a result of the assault and is looking over his shoulder as a result of the assault.
Solicitor for Mr Crotty, Tara Godfrey said that depending on what sanction the court imposes Mr Crotty may become unemployed or unemployable.
Judge Gabbett said, “I get that – but I can’t give imprimatur to someone to assault someone and then give the wave off because of that”.
Ms Godfrey said that Mr Crotty has attended nine separate sessions with the Probation Service.
In the case, Maurice Crotty has pleaded guilty to the assault of Aidan Fleming at Smith O’Brien’s GAA club, Abbey Street, Killaloe on May 29th 2024 contrary to Section 2 of the Non-Fatal Offences Against the Person Act, 1997.
Judge Gabbett said that the background to the assault by Maurice Crotty on Aidan Fleming was “over an issue over a football at the local school and an email exchange”.
Ms Godfrey said that “there were also tensions over a WhatsApp group and contributions made”.
Ms Godfrey told the court previously, “This was a once in a lifetime act of aggression or act of violence and there has been no incident since”.
Judge Gabbett said that on the day of the assault, Mr Crotty went to Mr Fleming’s house where he was told that Mr Fleming was at the local GAA grounds.
Judge Gabbett said that Mr Crotty went to the pitch, called out Mr Fleming and then head-butted him.
Judge Gabbett said that Mr Fleming in his victim impact statement said that he had never met Mr Crotty before.
Judge Gabbett said that in his statement, Mr Fleming also says very clearly that he suffered reputational damage when he was assaulted in front of parents and children.
In the statement, Mr Fleming stated that having to explain an unprovoked assault to children is something that he never thought that he would have to do.
Judge Gabbett said that the head-butt assault also left Mr Fleming with emotional scars.
Judge Gabbett said, “This was not a slap. It is a head-butt and is at the higher end of a Section 2 assault charge”.
Judge Gabbett said that the Probation Report stated that Mr Crotty downplayed the fact that the assault occurred in front of small children at a training session.
In response, Ms Godfrey said that the assault “didn’t occur in front of small children anywhere”.
Ms Godfrey said that there was a narrative to the assault “and this was not a situation where Mr Crotty picked out a random person and decided to visit an assault on him”.
Ms Godfrey said that is her client’s case that Mr Fleming had in an email to a school principal defamed someone close to Mr Crotty when incorrectly claiming that the person had stolen a football.
Ms Godfrey said that Mr Crotty is ashamed of his actions and pleaded guilty at the earliest opportunity.
Ms Godfrey previously told the court that Mr Crotty works in security and he would lose his job if there is a conviction.
