Five charged over street fight on Christmas Eve
Chris Donegan • Published 26 Jan 2012 13:00
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One of five men involved in a street fight in Irvinestown on Christmas Eve a year ago went on trial at Enniskillen Crown Court yesterday (Wednesday) afternoon.
Jamie McCabe, from Forthill Park, Irvinestown, denies that he unlawfully fought or made an affray on December 24, 2010.
The four others pleaded guilty to the offence. They are: McCabe's twin brother, 19-year-old Kyle, from the same address; 20-year-old Martin Baird, of Townhill Park, Irvinestown; and 19-year-old Lewis Johnston, and his 42-year-old father, Norman, both of Drumadravy Road, Irvinestown.
A second charge against Norman Johnston, that he unlawfully and maliciously wounded Jamie McCabe, was left on the books, not to be proceeded with.
The four who pleaded guilty will be sentenced following the preparation of probation reports.
Opening the case against Jamie McCabe, prosecuting counsel Mr. Robin Steer told the jury of nine men and three women that the charge against him related to a street fight at Mill Street in Irvinestown around 1.25am on Christmas Eve 2010.
Mr. Steer said the affray involved two groups: Lewis and Norman Johnston were in one group and the two McCabe brothers and Baird in the other.
He described how Lewis Johnston and his father were walking up Mill Street towards the centre of the town. They were on the pavement beside Mahon's Hotel when Lewis heard three men coming behind them. He turned and went back and began fighting with one of the men, Kyle McCabe. Jamie McCabe and Martin Baird then became involved and the fight moved across the street, where Lewis Johnston was put up against a wall and assaulted.
Mr. Steer said the prosecution case was that Jamie McCabe was not using reasonable force in self-defence nor in the defence of his brother. "He is punching Lewis Johnston and it's not an act of self-defence," Mr. Steer told the jury.
The court then watched a video taken by a CCTV camera outside Mahon's Hotel, showing the fight taking place.
The trial continues.
This article appeared in Impartial Reporter 26 Jan 12
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