A man who was engaged in a public fight in Mountmellick, Laois, has been acquitted of the charge of affray. Kevin Moylan, 29, was charged following an incident on May 29, 2022, where he was seen fighting another man at College Avenue. CCTV footage was obtained and presented in court, establishing the identities of Moylan and the other individual involved. During the trial, solicitor Michael Byrne suggested that the interaction between the two men was playful, but Garda Stephen Lynott disagreed, stating that the fight appeared serious. After assessing the evidence, Judge Cephas Power ultimately dismissed the charge of affray against Moylan, citing the need to determine whether he had an opportunity to retreat from the fight. However, Moylan did plead guilty to breaching Covid restrictions in Mountmellick and being intoxicated and abusive on other occasions. The judge sentenced Moylan to two months in prison, taking into account his remorse and the fact that he is now drug-free.
The incident occurred in broad daylight at an apartment complex on College Avenue in Mountmellick. A report of the fight was received by the local Garda, prompting an investigation. CCTV footage revealed Moylan and the other man fighting, with both of them shirtless. Additionally, an observer was seen filming the altercation on their phone.
Throughout the trial, conflicting perspectives emerged regarding the nature of the fight. While Moylan’s solicitor characterized it as a playful interaction, Garda Lynott argued that the behavior displayed was both alarming and aggressive. Judge Power acknowledged the concern raised by Garda Lynott but focused on determining whether Moylan had the opportunity to retreat from the fight. In the end, Judge Power dismissed the charge of affray against Moylan, giving him the benefit of the doubt concerning self-defense.
Despite being cleared of affray, Moylan faced consequences for his other offenses. He admitted to breaching Covid restrictions and being intoxicated and abusive on separate occasions in Mountmellick. Moylan’s solicitor, Mr. Byrne, explained that his client had been struggling with alcohol and substance addiction at the time of these offenses. However, Byrne emphasized that Moylan had since become drug-free and displayed genuine remorse for his actions. As a result, Judge Power sentenced Moylan to two months in prison for being threatening and abusive, taking into consideration his changed behavior and the fact that he is set to be released on April 13.
In conclusion, Kevin Moylan has been found not guilty of affray after engaging in a public fight in Mountmellick, Laois. While the judge dismissed the charge, Moylan did plead guilty to other offenses, resulting in a two-month prison sentence. This case underscores the importance of considering self-defense and the opportunity to retreat in determining appropriate charges. It also highlights the consequences of breaching Covid restrictions and engaging in threatening and abusive behavior.
