Youth kicked and punched in attack

Youth kicked and punched in attack

11 April 2012

THREE people have been convicted of assaulting a teenager who was pulled to the ground and kicked repeatedly.

Joseph Trainor, of Pemberton Park, Downpatrick, and two other youths from the town who cannot be named due to their age, appeared at Downpatrick District Court last Tuesday.

The incident happened in Dunleath Park, Downpatrick on July 23, 2011. All three denied charges of assault occasioning actual bodily harm.

The injured party, a teenager, told Tuesday’s contested hearing that he was pulled from behind when walking through the park, and then punched and kicked to the head.

He said he saw the accused above him for a moment, standing apart from a larger group, when he was pulled to the ground. He said he then tried to shield his face with his arms.

The schoolboy, who gave his evidence via video link, said he thought the attack lasted for 10 minutes but later acknowledged it could have been for a shorter period.

Defence barristers said the accused denied being present in the park or carrying out the assault, and said the injured party could not have been sure who assaulted him.

They also referred to a police constable’s later observation that the injured party’s clothes had smelt of alcohol and said the teenager’s denial he had been drinking was an indication he could not be trusted.

Taking to the stand later that afternoon, Joseph Trainor said he had been at his grandmother’s party all day and all evening on July 23 last year in a house near Dunleath Park. He denied leaving the party at all, and a relative also gave evidence to say he did not leave the house.

Deputy District Judge Philip Mateer ruled, however, that it would have been impossible to keep a track of Trainor’s movements throughout that period.

He dismissed the defendants’

accounts and said the injured party’s identification evidence was reliable.

Mr. Mateer said police should have carried out an identification procedure, despite the defendants’ unwillingness to participate in a computer based ‘viper’ ID parade. He said this was not significant enough to dismiss the case as requested by the defence.

Pre-sentence reports were requested for May 3.