Assault sent to higher court

A District Judge has refused jurisdiction in an assault case against a Lurgan man ruling that it was so serious it should be dealt with by a higher court.
By The Newsroom
Published 11th Dec 2015, 20:00 BST
Craigavon Court House. INLM0311-117gcCraigavon Court House. INLM0311-117gc
Craigavon Court House. INLM0311-117gc

Daniel McCavigan (54),whose address was given to the court as Manor Park, Lurgan, admitted unlawfully and maliciously inflicting grievous bodily harm on a man on December 16, 2013.

The court heard that on December 23, 2013, the injured party attended at Lurgan police station saying that on the evening of December 16 he had been out for a drink with friends at a bar
in Lurgan.

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He said he was a front seat passenger in a car and as they were dropping off a friend, the defendant, McCavigan punched him

They got out of the car and the injured party claimed 
he was punched to the ground by the defendant who stood over him and punched 
him five times in the
face in an unprovoked 
attack.

The victim suffered a long term eye problem as a result of the attack.

Mr Pat Vernon, representing the defendant, said McGuigan would say that the injured party had been teasing him and was drunk.

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He added that when they got out of the vehicle there was a verbal exchange, they clashed and both of them 
ended up on the ground.

Mr Vernon said McGuigan would apologise for his behaviour and said that the injured party was an old friend of the defendant.

The court heard that the left eye socket of the victim had been broken.

District Judge, Mr Peter King, said he was going to decline jurisdiction in the matter and that it required the attention of the Crown Court, given the nature of the injuries caused.

The case was adjourned until January 29 next year so that preliminary enquiry papers could be prepared.