Offaly trial: 'Are you for real?' man says to barrister despite warning from judge

Man with broken cheekbone says 'I don't drink Carling' after jury hears he was hit with brush handle

Published 24th Apr 2026, 19:15 BST Updated 1st May 2026, 10:07 BST Trial taking place at Tullamore Circuit Court Man with broken cheekbone says 'I don't drink Carling' after jury hears he was hit with 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.

A TRIAL at Tullamore Circuit Court was interrupted several times when the judge told a witness that he should answer questions instead of asking them.

The witness, Birr man James Doran, allegedly sustained a fracture to his head after being hit with a brush handle by Eoin Middleton, Burke's Hill, Birr, at Eden Road in Birr on May 3, 2024.

Mr Middleton denies a charge of assaulting Mr Doran, causing him harm, and a trial continued on Friday, April 24, before Judge Ronan Munro.

During his direct evidence, where he said he had been headbutted by Mr Middleton, followed by a blow with the brush handle, Mr Doran interrupted prosecution counsel Shane Geraghty, BL, during questioning, and also interrupted Judge Munro.

“It's better if you listen to the questions,” said Judge Munro.

Mr Doran had said he had gone to the house where the incident had occurred because he wished to collect some tools following work he had done there.

Mr Doran was later cross examined by defence counsel Suzanne Dooner, BL (instructed by Aisling Maloney, solicitor) and she asked him what time he had finished that job on that day.

Mr Doran said he did not know. “I didn't jot it down,” he said, adding: ”I think that's a bit of a silly question.”

Judge Munro told him that Ms Dooner had a job to do and said Mr Doran did not get to comment on the questions he was asked.

“We're going to have a problem if you talk over me,” said the judge.

Mr Doran said it wasn't a “fixed time job” he had to do at the house and he was going to get €60 “to do what I had to do”, which was fixing windows.

The evidence was that he went to Pilkington's pub in Birr after the job and then returned to the house, the residence of Conor McKelvey, to collect some of his tools.

Asked about this by Ms Dooner, Mr Doran said: “I went to the pub. Of course. Why would I bring tools to the pub?”

Judge Munro told him: “Around here you don't get to ask questions.”

After further questioning from Ms Dooner resulted in Mr Doran asking her questions, the judge said he may have to “stop the trial”.

Mr Doran later claimed that Ms Dooner was trying to “twist my words”.

He did agree that he “confronted” Mr Middleton and they had a scuffle. After they were separated Mr Middleton grabbed a brush and was then “lying in wait” for him as he left by the front door because the back door was locked.

When Ms Dooner put it to him he had said nothing in his statement to the guards about Mr Middleton lying in wait, Mr Doran replied: “In all fairness... judge, you call a spade a spade.”

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After Mr Doran told Ms Dooner she could say what she wanted and accused her of “trying to manipulate the information”, Judge Munro asked the jury to leave and there was a break in the trial.

When the trial resumed Mr Doran said he confronted Mr Middleton because he was “talking bs” about him and he denied starting the fight by hitting the other man.

Ms Dooner put further questions to Mr Doran and he said she had “false information” and stated: “So I'm not going to answer any questions after that.”

Mr Doran said himself and Mr Middleton had “an altercation” during which he was headbutted.

Ms Dooner put it to him that he picked up a can of Carling and chased the other man.

Mr Doran replied: “I don't drink Carling. Nobody drinks Carling in the house.”

He added: “Chase him? Are you for real? No, I do not accept that.”

He also asked why Mr Middleton didn't “just leave” and said: “In all fairness, how was I chasing him?”

Asked if he was drunk, the witness said: “Does it make a difference? I didn't have to be assaulted.”

The cross examination continued, with Ms Dooner asking about how Mr Doran had returned to Birr from Tullamore Hospital following the incident and enquiring in further detail about what happened in the house with Mr Middleton.

Mr Doran then asked for a break: “Can I just sit down and go for a cigarette because I'm not able for this.”

As he stood down from the witness box and left the courtroom with the help of a garda, he said: “I'm not trying to be an asshole.”

The trial resumed shortly afterwards and Ms Dooner continued her cross examination, with Mr Doran saying “That's false” when it was put to him that he threatened Mr Middleton.

He had previously said during the trial that he sent a text message to Mr Middleton's father, with a reference to “we could sort this out, not be charged with assault”.

Ms Dooner put it to him that there was a second text message sent to another person, who Mr Doran said was a “mediator”, which said “I'll take 17 to 25 grand and you pay me my costs so I'll see you in court.”

Mr Doran agreed that message had been sent and agreed it was him reaching out to Mr Middleton. “I just reached out to him trying to get this situation resolved.”

The alleged injured party also told Ms Dooner he remembered putting his arm up to protect himself when Mr Middleton had the brush handle and “after that it is hazy”.

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Evidence of a statement made to gardai by Mr Middleton on October 17, 2024 was given by Garda Louis Clarke, Birr.

Garda Clarke said Mr Middleton had been in England where he was working with horses but came to Birr Garda Station by appointment when he returned to Ireland.

In his statement, which the accused agreed to make without a solicitor being present, Mr Middleton said he only “knew of” Mr Doran but knew Mr McKelvey and was a friend of another man who was in the house on the evening of the incident, Simon Beale.

He said that Mr Doran came into the house, threatened him, attacked him and kicked him repeatedly to the body and face.

He tried to hit him with a can of Carling and it was then that he grabbed a sweeping brush and used it to defend himself.

In the statement Mr Middleton said Mr Doran went straight for him when he came into the sitting room, threw him down between the wall and the chair and kicked him on the ground.

He accused Mr Middleton of saying things about him. “I could smell the drink off him. He was slurring his words, he was angry,” he told gardai.

Mr Middleton said he warned the other man he'd hit him with the sweeping brush if he did not leave him alone.

Asked if he suffered any injuries himself, Mr Middleton said he had bumps and bruises but said he was “used to falling off horses the whole time”.

He remembered making contact with Mr Doran during the fight and the jury heard he had pointed to his own face to indicate where that contact was.

He also said he “probably” should have reported the incident to the gardai himself. “I heard stories about him climbing in through lads' windows,” he said during the interview.

Asked if he had struck Mr Doran, he said “Yes”, and said it had been with “a brush”.

“Other than that he could have killed me,” he told the garda interviewer.

After that incident he said he had been threatened by Mr Doran “one time in Presentation Place” and told gardai the other man said to him that he “wasn't a very big man” without a sweeping brush.

The jury was also given a certificate from Dr Sean O'Rourke, a consultant in emergency medicine at the Midland Regional Hospital, Tullamore, which said Mr Doran had a fractured cheekbone and was referred on to St James's Hospital, Dublin.

That completed the prosecution evidence and the jury was told by Judge Munro to return on Tuesday morning, April 28. Judge Munro said it was likely they would be beginning their deliberations on a verdict before lunch that day.

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