MICHAEL McCULLOUGH V JOHN BARRY REA, DONALD HARTE, STEPHEN CAMPBELL AND BRIAN SCULLION T/A THE COACH INN

Newry County Court
4th February 2002
Judge McKay

ASSAULT BY SECURITY STAFF

This case was successfully defended. The claim arises out of an alleged assault by the door staff of The Coach Inn on 14th March 1998. Proceedings were commenced against the owner and the three door staff who were allegedly involved in the assault.

The plaintiff attended the premises with his girlfriend and was involved in an altercation with unknown individual referred during the hearing as "Black beard." The door staff removed Blackbeard. A short time later, the plaintiff decided to leave the premises and on exiting saw the door staff chatting with Black beard. The Plaintiff alleged that the door staff proceeded to attack him and pulled him down a flight of stairs. The plaintiff's girlfriend gave evidence that she left the premises during this attack to call the police. On finding the police the plaintiff's girlfriend pointed out Black beard, who was outside the premises. The Plaintiff then emerged from the premises. It was only later that both complained about the alleged assault by the door staff.

The plaintiff sustained a fractured wrist, bruising to the ribs and face and was off work for two months. The plaintiff also alleged that the attack was as a direct result of his relationship breaking down and that for a further two years after the accident he had a fear of socialising. A medical report from a Consultant Psychiatrist, some 3 months post accident, confirmed this.

Evidence was submitted from the police officer that investigated the complaints. She confirmed that the police had made an unsuccessful application against the plaintiff to be bound over. The police also investigated the case against the door staff for assault. This was referred to the DPP who directed that no action be taken.

The Judge stated that this was a difficult case to decide but on the balance of probabilities he preferred the evidence of the defendants and stated he was extremely impressed with the evidence of one of the door staff. On this basis he dismissed the case on the merits. The usual Order was made as the plaintiff was legally aided.