*The incident took place on the grounds of Smith O’Briens GAA club last May.
A FATHER who head-butted another Dad at an East Clare GAA ground “sees red and takes off – that is the problem”.
That is according to Judge Alec Gabbett who told Killaloe District Court sitting in Ennis on Tuesday 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”.
Solicitor for Mr Crotty, Tara Godfrey said that “there was also tensions over a WhatsApp group and contributions made”.
In the case, Maurice Crotty (43) of Millstreet, Killaloe 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 he had in his mind to impose a three month prison term on Mr Crotty “and whether I suspend that is the question”.
However, Ms Godfrey successfully applied that the case be adjourned in order for Mr Crotty to be under the direction of the Probation Service and complete whatever courses the Service deem suitable, including anger management.
She said, “This was a once in a lifetime act of aggression or act of violence and there has been no incident since”.
When the case was first before the court last month, Judge Gabbett was told that Mr Fleming was a GAA coach.
After reading Mr Fleming’s victim impact statement today, Judge Gabbett said: “There was a notion that Mr Fleming was a hurling coach. He is not a GAA coach or a hurling coach and he says that himself here”.
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 his difficulty in the case is that the Probation Report finds that Mr Crotty is at moderate risk of re-offending.
Judge Gabbett said that the Probation Report states 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” and Mr Crotty from the body of the court said that “they were gone a long time”.
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 said that Mr Crotty works in security and he would lose his job is there is a conviction.
Ms Godfrey said that Mr Crotty’s livelihood is at stake where he is the sole bread-winner and it would be a devastating blow to himself and his family if convicted.
Ms Godfrey said he would be disproportionately punished if he was criminalised.
Judge Gabbett said that he was very conscious of Mr Fleming’s victim impact statement and adjourned the case to December 2nd to allow Mr Crotty complete whatever courses the Probation Services decide he should participate in.
