July 14, 2024

Two males accused of utilizing hurley sticks to assault three younger males they suspected of attacking their aged dad and mom’ house have been discovered not responsible.

Father and son Shaun and Shane Arbuckle appeared earlier than Letterkenny Circuit Courtroom charged with numerous offences.

The pair are charged in relation to an incident at Dundrain, Burnfoot, on Might 22, 2019.

Shaun Arbuckle (46) was charged with assaulting Sean Fisher. He’s additionally charged with prison harm to a Volkswagen Jetta.

He’s additional charged with, whereas committing or showing to be about to commit an offence, or in the middle of a dispute or battle, producing in a fashion doubtless unlawfully to intimidate one other particular person an article, particularly a hurley, able to inflicting severe damage.

Shane Arbuckle (27) is charged with inflicting prison harm to a Volkswagen Jetta and in addition of manufacturing an article, particularly a hurley, able to inflicting severe damage.

The lads had been accused of chasing three younger males in a automobile after suspecting they’d smashed a window of Patrick Arbuckle’s house in Burnfoot on Might twenty second, 2019.

The three males gave accounts of how Shane and Sean Arbuckle attacked them after accusing them of throwing a stone from an area quarry on the window of their household house and terrorising their aged dad and mom.

Leon McDaid and Sean Fisher leaving court docket.

Nonetheless, having sat over the 5 day trial, the jury took simply over an hour to seek out the 2 accused not responsible of all expenses.

There was heckling from the again of the courtroom from the alleged injured males’s household and pals after the verdicts had been delivered.

The court docket heard from Mr Patrick Arbuckle, the daddy and grandfather of the 2 accused males.

He instructed how on the evening simply after 9pm at his house at Birdstown, between Burnfoot and Muff, he was making his spouse tea when he heard a loud bang.

When he went to analyze he discovered a entrance window of his house had been smashed and a big stone was out on the road.

Mr Arbuckle stated he heard footsteps and boys getting right into a automobile, which he thought was gray in color, and driving away.

He known as each 999 and in addition his son Shaun.

Mr Arbuckle, who’s in his 80s, stated he was shaken however his spouse, who’s in a wheelchair, was left terrified by the incident.

He added that his household’s life had modified because the incident.

Shaun Arbuckle and his son Shane arrived on the home at Birdstown a short while later and went out on the lookout for the ‘gray’ automobile concerned within the incident.

Martin Harkin leaving court docket.

Retired Garda Kevin Coyle, a former scenes of crime investigator, gave proof of the scenes on the Arbuckle household house and in addition on the scene of the alleged assault.

Over the course of numerous days, the three alleged victims, Martin Harkin, Sean Fisher and Leon McDaid, all  gave accounts of what occurred on the evening.

They instructed how they had been simply driving across the again roads between Muff and Burnfoot and had meant to return into Derry the place they lived.

Martin Harkin, who was initially from Muff and 18-year-old on the time, was driving his VW Jetta on the time of the incident.

The lads instructed how they had been driving about when one other automobile, a Renault Megane, instantly got here behind them at pace and was flashing its lights.

They initially thought the opposite automobile wished to race however the Renault Megane automobile being pushed by the Arbuckles caught up with them and overtook them and pulled throughout in entrance of them.

This resulted within the VW Jetta clipping into the second automobile bringing each automobiles to a halt.

Out of the blue two males jumped out of the automobile and commenced shouting on the males accusing them of breaking a window on the Arbuckle house at Birdstown.

Proof was provided that two males then obtained out of the automobile and one, later recognized as Shane Arbuckle, jumped onto the bonnet and commenced smashing the windscreen with a hurley.

The opposite man, recognized as Sean Arbuckle, went to the motive force’s window and began screaming on the driver of the automobile, Martin McDaid.

Because the stand-off continued, proof was provided that Sean Fisher was hit with a hurley stick whereas the automobile radio was additionally broken.

The court docket was instructed that every one three younger males had been overlaying their faces and a person within the again, later recognized as Leon McDaid saved shouting “We’re sorry, we’re sorry.”

As Mr McDaid shouted this, proof was provided that the 2 younger males within the entrance of the automobile rotated and instructed him to close up.

Shane and Shaun Arbuckle demanded that they open the boot of the VW Jetta saying they believed there have been extra rocks behind the car.

Nonetheless, when the boot was opened there have been no rocks.

Martin McDaid additionally claimed that one of many males threatened to have them shot.

CCTV of the incident was performed which purportedly confirmed a person standing on the bonnet of the VW Jetta smashing the windscreen however this might not be seen.

All three younger males within the automobile had been cross examined by barristers Sean McGee and Damien Crawford.

Mr McGee, for Shaun Arbuckle, famous that every one three males had famous that his shopper had a tattoo on his neck.

He requested all three if wouldn’t it shock them to find that his shopper didn’t have any tattoo on his neck.

In response, Mr McDaid stated that Shaun Arbuckle should have had the tattoo taken off.

The court docket was additionally instructed that at the least two of the boys, Martin McDaid and Sean Fisher (by means of his dad and mom) had commenced private damage claims in opposition to the Arbuckles for as much as €60,000.

Mr Crawford put it to all three males that they’d spoken to one another after the incident and that their solutions had been “rehearsed” however this was denied.

Numerous scenes of crime proof was additionally given to the 5 day trial by varied Gardai together with Garda Martin Hooks, Garda Donal Corry and Garda Alan Reid.

After all of the proof was given, each the prosecution and defence barristers summed up their circumstances.

Prosecuting barrister for the state, Ms Fiona Crawford requested the jury to recollect the phrases of Leon McDaid when he stated himself and his two pals had been merely at ‘the incorrect time within the incorrect place’.

She additionally requested the jury members that if their mom and father’s house was attacked and so they had been petrified of additional assaults, would they not keep at house and shield their dad and mom slightly than going out and “do an act of vigilantism within the space”.

Ms Crawford lastly put it to the jury that the Arbuckles weren’t entitled to the advantage of the declare of defence on this case.

“An act of defence can’t be an act of defence,” she stated.

Barrister for Shaun Arbuckle, Mr Sean McGee, stated the truth that all three males discovered themselves in a gray automobile near the scene of the incident was a “huge and unbelievable coincidence” was a “tough promote”.

The actual fact they are saying that this was only a pure coincidence was “unbelievable”, added Mr McGee.

He advised that the truth that all three stated his shopper had a tattoo on his neck might not seem to be an enormous deal.

He stated this may recommend that this recommend that every one three colluded of their proof.

“I’d recommend you possibly can’t depend on a phrase they are saying,” he stated.

“You’ve seen how they’ve carried out themselves and may you depend on what they are saying? I’d recommend you couldn’t,” Mr McGee instructed the jury members.

Barrister for Shane Arbuckle, Mr Damien Crawford, requested the jury to place themselves within the footwear of his shopper.

He stated he got here to his grandparents house after it had been attacked and noticed his grandfather trembling and his grandmother terrified in her wheelchair.

He heard there was a gray automobile concerned and located three younger males in a gray automobile close by and requested the jury if it was cheap that the Arbuckles ought to suppose these had been the boys concerned.

He stated the one motive Shane Arbuckle was there was due to his grandparents and never due to a row at a dance or that he didn’t like VW Jettas or something like that.

Choose John Aylmer then gave the jury his cost during which he gave an general synopsis of the case and what was claimed on both sides in addition to an general define of the proof.

After virtually an hour and a half of deliberations, the jury returned with a not responsible depend on all counts for every man.

Father and son discovered not responsible of hurley assault after 5 day trial was final modified: February fifth, 2024 by Workers Author