VERDICT: Jury finalises deliberations in trial of man accused of Offaly assault

Man said it was self defence when he hit other man on head with wooden brush handle

Published 28th Apr 2026, 18:30 BST Trial has concluded at Tullamore Circuit Court Man said it was self defence when he hit other man on head with wooden brush handle Sign up to our Offaly Live newsletter Sign up Thank you for signing up! Did you know you can manage your profile, and explore all of the available newsletters from Offaly Live within your account.

THE trial of a man who said he was defending himself when he struck another man with the wooden handle of a sweeping brush concluded this afternoon, Tuesday, April 28 at Tullamore Circuit Court.

A jury of eight men and four women had been deliberating for a short period after hearing evidence in a case where Eoin Middleton (22), Burke's Hill, Birr, had pleaded not guilty to assaulting Birr man James Doran (36).

The trial before Judge Ronan Munro had heard last week that Mr Middleton's legal team were contesting the charge on the grounds of self defence.

The prosecution, led by Shane Geraghty, BL (instructed by Sandra Mahon, state solicitor for Offaly) completed its case on Friday.

When the trial resumed this morning defence counsel Suzanne Dooner, BL (instructed by Aisling Maloney, solicitor, Tullamore) said the defence would not be going into evidence.

BIRR BRUSH HANDLE TRIAL: 'Are you for real?' man says to barrister despite warning from judge

That meant that the accused man Mr Middleton would not be giving evidence himself.

He had previously made a statement to the gardai when they questioned him in advance of charging him and that statement was presented as evidence to the jury.

The jury retired to begin their deliberations shortly before lunch and returned with a number of queries, including a request to hear the digital audio recording of the evidence of the alleged injured party.

The jury had heard Mr Doran giving his direct evidence last week, along with his cross examination by Ms Dooner.

The jury also checked the date of a text message sent by Mr Doran to the father of Mr Middleton, which had a reference in it to “we could sort this out, not be charged with assault”.

There was also a further text message which contained the words “I'll take 17 to 25 grand and you pay me my costs so I'll see you in court” and Judge Munro said that had been sent in March this year.

The judge allowed the jury to hear the recording of Mr Doran's evidence and the jury again went out to resume deliberations before returning quickly with a not guilty verdict.

Mr Middleton, who was seated opposite the jury in the courtroom, smiled when he heard the verdict.

Mr Doran, who was present when the verdict was returned, attempted to speak to the judge as he left but Judge Munro continued out the door.

Last week the trial heard how Mr Doran had been fixing windows at a house on Eden Road, Birr on May 3, 2024.

Mr Doran went for a few drinks in Pilkington's pub afterwards and then returned to the house to collect some tools the same evening.

Mr Middleton was present in the house and Mr Doran admitted confronting him because he claimed the younger man had been making allegations about him.

Mr Doran's evidence was that there was a scuffle and Mr Middleton headbutted him.

They were both asked to leave the house and Mr Doran said Mr Middleton was lying in wait for him with a brush when he got outside and he was struck on the head, resulting in an indented skull.

A hospital report said he sustained a fractured cheekbone and after first attending the emergency department in Tullamore Hospital he was transferred to St James's Hospital, Dublin.

The jury heard that Mr Middleton said Mr Doran had come at him in the sitting room of the house and struck him several times.

BIRR BRUSH HANDLE TRIAL: 'My face is in bits, I'm here with a broken cheek'

The trial also heard Mr Doran had chased Mr Middleton while holding a can of Carling and the accused man decided he had to defend himself with the brush handle.

Mr Doran denied that and said he doesn't drink Carling and there was no Carling in the house.

Earlier today, in his closing argument, Mr Geraghty said that the force used by Mr Middleton when he took a brush and smashed it against the head of Mr Doran was grossly excessive and disproportionate so it could not be justified as self defence.

Prosecution counsel also said Mr Middleton had not availed of the opportunity to retreat during the incident.

In her closing submission defence counsel Ms Dooner told the jurors they must put themselves in the mind of Mr Middleton at the time and he could have honestly believed he was going to be seriously injured or even killed and therefore used all available means to defend himself.

Ms Dooner also said the jury should have concerns about what she said were inconsistencies in Mr Doran's evidence.

She pointed out that Mr Middleton accepted he hit Mr Doran in the face and had also attended with the gardai and made a statement to them by appointment, without having a legal adviser present.

“If it's possible or probable Eoin Middleton was acting in self defence, you must acquit,” she told the jury.

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