A 50-year-old solicitor has been found guilty of common assault against a colleague.
However, John Devane has escaped a criminal conviction on the basis that he make a €1,000 donation to the St Vincent De Paul in the next two weeks.
Mr Devane, with a practice at Quinlan Street in Limerick, had denied assaulting another solicitor, John Herbert, by attempting to head-butt him and grabbing him by the throat in the precincts of Limerick District Court on 9 June, 2011.
The court heard today there was a history of dispute between the two men.
Mr Herbert said as he was leaving the court that day that Mr Devane attempted to head-butt him, although their heads did not make contact, and that he grabbed him by the throat.
He said this was after an attempt by Mr Devane to ask him to forget about another incident between them a number of weeks before.
He said he did not believe Mr Devane’s attempt at reconciliation was genuine.
Another witness, Paul O’Dwyer, told the court he saw the incident in which there was a head-butt attempt by Mr Devane and that he grabbed Mr Herbert by the throat.
Denying he had ever assaulted Mr Herbert, Mr Devane told the court today that he had offered the hand of friendship to Mr Herbert so as to clear the air of any animosity between them, but his efforts were verbally rebuffed by Mr Herbert.
Having heard the evidence, Judge Patrick Clyne said he had to find in favour of the State and that the facts before him were proven.
He said he would not proceed with a conviction and would dispose of the matter by means of a charitable donation.
If that donation is made within two weeks, he said he would use his discretion to dismiss the case on its merits, and the matter was adjourned.
