A Limerick man convicted of making a false statement to gardaí about an alleged incident involving Minister for Defence Willie O'Dea has won his appeal.
Matt Larkin, of Altimira Court in Thomondgate, was convicted last year of knowingly making the statement following an alleged incident at the Bank Bar on O'Connell St in Limerick in September 2007
The 36-year-old had his conviction overturned at the Circuit Court in Limerick this afternoon.
Matt Larkin claimed that the Minister had punched him several times in the stomach and grabbed him by the throat, allegations which Minister O'Dea strongly rejected.
Judge Ray Fullam said he was satisfied that the prosecution had not proved beyond reasonable doubt that Matt Larkin's allegation of assault was false.
Referring to CCTV footage of the alleged incident the Judge said it was clear that Mr O'Dea was being badgered and harassed by Mr Larkin, and in those circumstances as a matter of law he was entitled to use whatever force to defend himself.
He said one video still showed the minister's hand close to Mr Larkin's throat, which gardaí suggested was the minister protecting himself.
Judge Fullam concluded that given the scope of the offence of assualt, and the subjective test of criminal culpability, he was not satisfied that the case was proved beyond reasonable doubt and upheld the appeal.
