A 46-year old Ennis carpenter inflicted “a horrendous beating” with a claw hammer on a ‘key-board warrior’ who sent “vile and disgusting” threatening messages about the carpenter’s fiancé and their unborn child, a court has heard.
At Ennis Circuit Court on Thursday, counsel for the state, Sarah Jane Comerford BL said that a “hot headed” Alan Mounsey “took the law into his own hands” when striking an intoxicated Aaron Moloney in front of his two girls aged 12 and 10 at the Moloney home in Clarecastle, Co Clare with the claw hammer across the head, shoulder and legs.
In the case, Mr Mounsey of Bishop’s Court, Ennis denies aggravated burglary on February 22nd at Cluain Ard, Clarecastle, Ennis, where he is accused of entering the building as a trespasser and had a claw hammer in his possession.
Mr Mounsey also denies the assault causing harm of Mr Moloney at the same address on the same date.
Ms Comerford said that Mr Moloney suffered two broken ribs, a punctured lung and a fractured knee cap from the claw hammer assault.
Ms Comerford said that Mr Moloney told the jury that Mr Mounsey had tried to kneecap him with the hammer
In her closing argument before the jury, Ms Comerford said that Mr Moloney told the court that after being assaulted, Mr Mounsey then videoed him and forced to apologise to Mr Mounsey’s partner on video.
Ms Comerford said that Mr Mounsey recorded Mr Moloney “to make sure that the humiliation and the assault had the desired effect”.
She said that Mr Mounsey restored his phone to factory settings and effectively wiped the phone after the assault.
Ms Comerford told the jury that the defence of self defence or lawful use of force is not available to Mr Mounsey “as the level of force used was brutal and way above reasonably necessary”. She said that Mr Mounsey inflicted “a horrendous beating” on Mr Moloney.
Ms Comerford (instructed by State Solicitor for Clare, Aisling Casey) said that the jury might feel disgusted by the messages sent by keyboard warrior, Mr Moloney who, she said, was an addict at the time who had taken Xanax tablets and alcohol while caring for his young girls.
Ms Comerford said that Mr Moloney said in evidence that he wasn’t proud of the messages “but I didn’t deserve this”.
On behalf of Mr Mounsey, Patrick Whyms BL said that Mr Mounsey’s partner was terrified by the messages sent by Mr Moloney “where he had made the most awful, vile, abusive, disgusting threats” against her and her unborn child.
Mr Whyms said that the unborn child “was threatened with violent death by a man who was clearly off his head”.
Mr Whyms (instructed by solicitor Tara Godfrey) said that Mr Mounsey’s partner “turned to him in her hour of genuine terror” over the messages received from Mr Moloney.
Mr Whyms said that it was not the most prudent thing for Mr Mounsey to go to Mr Moloney’s house but it was Mr Moloney who had sought out Mr Mounsey with the messages.
Mr Whyms said that Mr Mounsey did not take the law into his own hands “and is not a vigilante”.
Mr Whyms said that Mr Moloney had gone out of his way to goad Mr Mounsey.
Mr Whyms said that an altercation occurred and the details are in dispute.
In evidence, Mr Mounsey told the court that he did not have a hammer and when he came to the door of the Moloney house it was Mr Moloney who had the hammer and he struck Mr Mounsey twice with a hammer and then threatened to attack him with a knife.
Mr Whyms said that Mr Moloney “is the least meritorious victim you are ever likely to see in your lives”.
In his charge to the jury, Judge Francis Comerford told the members to be “cold blooded fact finders”.
The jury commenced their deliberations on Thursday and will continue their deliberations on Friday.
