A FATHER who head-butted another Dad at an east Clare GAA grounds in a row over missing footballs told Gardai that he “lost the plot” and ‘saw red’ before the assault, a court has heard.
At Ennis Circuit Court, Judge Francis Comerford has dismissed the appeal by Maurice Crotty (44) of Millstream, Killaloe against his district court conviction for assault on Aidan Fleming in May 2024 at Smith O’Brien’s GAA club in Killaloe.
Solicitor for Mr Crotty, Tara Godfrey said that a conviction will prevent Mr Crotty getting security work as he can’t obtain a security licence with an assault conviction.
The court heard that Mr Crotty was in line to be employed as an Area Manager by a Galway security firm next month – but only if he can obtain a security licence.
Ms Godfrey said that the incident “was completely out of character for Mr Crotty” and he has no previous convictions related to violence.
However, Judge Comerford said that he couldn’t see any basis for not affirming the order of the district court as he said that Mr Crotty, whatever he might believe about being justified to do so, carried out an unprovoked assault on Mr Fleming in front of children.
Judge Comerford said: “Very serious consequences flow from the commission of criminal offences and that is what occurred here – there was a serious criminal offence committed and it was dealt with by the district court appropriately.”
Judge Comerford said that he is being asked to find that there was no offence committed and he can’t do that.
In a statement to Gardai read out in court by State Solicitor for Clare, Aisling Casey, Mr Fleming (52) said that he was “in shock” after the head-butt assault carried out by Mr Crotty on May 29th 2024.
On the evening, Mr Fleming said that he was at Smith O’Brien’s GAA’s grounds watching his son’s u-9 training session.
Mr Fleming said that he had received a phone call from his wife stating that a Maurice Crotty had called to their home looking for him.
Mr Fleming said that he could see Mr Crotty approaching him in an aggressive manner and he accused him about sending texts about a 12 year old child known to Mr Crotty taking footballs.
Mr Fleming said: “I replied that I did not send any text messages.”
Mr Fleming said Mr Crotty then said that the boy “‘will not play hurling anymore because of you’ and I replied ‘I don’t know what you are talking about’. He was in my face shouting when he suddenly head butted me”.
Mr Fleming said that “as a result of this assault I sustained a cut to my nose. I have a black eye and sore teeth”.
He said: “The only reason I can think of for this assault is that footballs were stolen from my housing estate recently. A text message was sent into a housing estate WhatsApp group regarding the theft of footballs but I did not send it.”
He said: “I may be a case of mistaken identity. This incident has caused me and my family great upset as it was an unprovoked attack.”
In his statement to Gardai read out in court by Ms Casey, Mr Crotty told Gardai that in April/May, 2024 a child known to him was accused of stealing footballs in a neighbouring house estate at Ard na Deirge, Killaloe, Co Clare.
He said that one parent in particular was accusing the child of stealing the footballs when in fact they were just missing as they were found in a nearby field.
Mr Crotty told Gardai that the man’s name is Aidan Fleming.
Mr Crotty alleged to Gardai that Mr Fleming sent emails to a local primary school complaining about the child and also mentioned in a WhatsApp group that the boy was taking footballs and this continued for a few weeks.
Mr Crotty said that the child was very upset by the accusations and that he gave up hurling over it.
Mr Crotty said that on May 29th 2024, he came home from work “and my wife was very upset and I was losing sleep myself” over the situation.
Mr Crotty said that his wife told him that Mr Fleming approached the boy at the GAA field and told him “go down and find the footballs he stole”.
Mr Crotty said that he “lost the plot” and went looking for Mr Fleming in his housing estate and then he went to the GAA grounds.
Mr Crotty said that at the GAA grounds, he approached Mr Fleming and asked him why he was sending emails to the school blackening the boy’s name and why was he approaching him accusing him of stealing soccer balls.
Mr Crotty said that Mr Fleming denied it all.
He said: “I saw red at this point and head-butted him in the face.”
He said that he told Mr Fleming that he won’t bully the boy anymore.
Mr Crotty said that he left the field and went home and told his wife what had occurred and he then informed the local Gardai.
Ms Godfrey referred to a character reference from a John Daly who said that what has occurred “has had a catastrophic effect on the whole Crotty family – they have paid a heavy price”.
Ms Godfrey also referred to a character reference from a friend and former work colleague of Mr Crotty’s who said that Mr Crotty is “a family orientated man who genuinely cares about the well being of others”.
