Local man cleared of causing damage to Ennell Court house

A father of four has been acquitted at a special sitting of Mullingar District Court of committing criminal damage at a house in Mullingar in 2008.David Nevin, with an address at 24 Grange Heights, Mullingar, pleaded not guilty to damaging gutters, downpipes, security screens, shutters and windows at 14 Ennell Court, the property of David McDonagh, on October 2, 2008.Evidence was heard from Alice McDonagh, a resident of 14 Ennell Court, that her nephew David Nevin came to her home "with weapons" at around 9.30pm that night, and attacked the house.She claimed that €6,400 worth of damage had been done to her home, but Robert Marren, the solicitor defending Mr. Nevin, asked Ms. McDonagh why she chose to focus blame on his client, when she had pointed the finger at "six or seven" other members of the Nevin family in her statement to the Gardaí."I put it to you that you're not telling the truth," Mr. Marren said, accusing Ms. McDonagh of trying to "hoodwink" the judge. "I also put it to you that you're trying to pin the damage on this man, and that it was a mob which attacked your house."The solicitor pointed out that a statement of damage which Ms. McDonagh forwarded to Gardaí put the damage to her home following the incident at €1,700, and not €6,400. "Gardaí say that the damage was €1,700, so how do you jump from that to €6,400?" said Mr. Marren, arguing that the witness was trying to "extract a pot of gold" from his client.Ms. McDonagh insisted that she saw David Nevin attack her house on the night in question.She became annoyed by Mr. Marren's line of questioning. "I swear on my grandchildren's life that David Nevin was there," she said, later describing Mr. Nevin as "the ringleader" during the incident.Ms. McDonagh's husband, David McDonagh, took the stand, and said that while he was in bed sick during the incident, he heard noise, screaming and breaking glass.John McDonagh, also a resident of 14 Ennell Court, said that he witnessed around eight members of the Nevin family "attacking the house". He said that he saw David Nevin breaking the window with what he believed to be a hatchet.He told the court that efforts were made by the attackers to lift a security cage at the front of the house, but that they did not gain entry to the property.In his cross-examination of Mr. McDonagh, Mr. Marren questioned whether the witness saw anyone with a hatchet."I'm 90 percent sure he had a hatchet," Mr. McDonagh said. "I saw him with a weapon in his hand."He was carrying a weapon that broke the house. It doesn't matter if he used a butter knife."At this point, Judge Aeneas McCarthy called order in the court, because of comments coming from the gallery as Mr. McDonagh gave his evidence. "If there is any more noise, I will have all of you taken up to the garda station and charged," he said.Another prosecution witness, Una Collins of 15 Ennell Court, said that she was "aware of annoyance" which had taken place in the run-up to events next to her home on October 2, 2008.Ms. Collins said that she remained in her home during the "ructions", but heard "crashes and glass smashing". When the dust settled, she opened her door, and saw what she recalled was "about twenty" individuals running away from the immediate area."I didn't talk to Alice [McDonagh] afterwards because I didn't want to be seen taking sides," Ms. Collins said.Giving his evidence, Garda Brian Freyne, the investigating officer, said that he was on duty at Patrick Street, Mullingar on the night in question, when he was called to an incident at Ennell Court.When he arrived, he said that he saw four men walking the down the road and turning into Nevin's house. Garda Freyne went to the McDonagh household at 14 Ennell Court, and surveyed the damage. He then called to the Nevin house at Trinity Cottages, and saw a sledgehammer, hatchet and other implements outside the building.The garda recalled that he then knocked on the door of the Nevin household, and although hearing a "commotion" inside, the door was not answered by anybody.He clarified that the €6,400 damages quoted by Ms. McDonagh during her evidence included damages from another incident, but that the damages from this particular incident came to €1,700.Mr. Marren called the defendant, David Nevin as his first witness.Mr. Nevin denied that he was involved in the incident at 14 Ennell Court, and told the court that he was at home with his wife and a friend on the night in question.He said that there was a witness to reinforce his alibi, but that the witness would not come to court for fear of repercussions.Meanwhile, Mr. Nevin's wife, Brigid Nevin, gave evidence that she was "one hundred percent certain" that her husband was with her on the night of October 2, 2008.Summing up, Mr. Marren said that the incident at the McDonagh house was one of a number of "smaller skirmishes" which followed the D'Alton Park riot in July 2008.He said that the court could not move to convict "on the basis of evidence given by feuding families", and that the "motivations" and "agendas" of certain parties should be taken into account.On that basis, Mr. Marren asked Judge McCarthy to dismiss the charge against Mr. Nevin.The judge said that he was keenly aware of "a wider scenario" which had resulted in tensions between the Nevin and McDonagh families.But he said that there was enough doubt in his mind about evidence given in court."In that case, I have to give the benefit of the doubt to the accused," Judge McCarthy ruled, dismissing the case.With members from both families present in court, the judge directed that one "faction" leave before the other, in order to avoid "unpleasantness outside the court".