A PROMINENT Limerick solicitor has avoided a criminal conviction for assault after he made a donation of €1,000 to the Society of St Vincent de Paul. The facts of the case against 50-year-old John Devane, with a practice on Quinlan Street, had been earlier proven before Judge Patrick Clyne at Limerick District Court on June 9, 2011. Evidence was heard of how he had “thrown a headbutt” and grabbed fellow solicitor John Herbert by the throat during “an exchange of words” outside Limerick District Court last year.
John Herbert told the court of how he was assaulted by John Devane after he refused an offer to “forget about” an earlier incident between them two weeks earlier as he felt “it was not made in earnest”. He said he had his hands in his pockets at all times and said it was “preposterous and a lie” that he pushed John Devane.
The court heard that Mr Devane was irate and agitated and a witness, Paul O’Dwyer, saw the two standing in the foyer of the courthouse with Mr Devane saying “who do you think you are? You will not bully me like you did last week?”
Mr Devane told the court that the relationship between the two was not “amicable” and there was a lot of tension between them.
Judge Clyne said he was satisfied that something happened and that the assault occurred. He said he would dismiss the case if he made a €1,000 contribution to St Vincent de Paul before October 18 and last week, the court was notified that the payment had been made.
After proceedings, State solicitor, Michael Murray said he had specific instructions from the DPP that the court should either convict Mr Devane and have the proceedings struck out or have the matter dismissed under the Probation Act.
However, Judge Clyne said that the case was closed and he had made his decision
