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Man pleads guilty to assaulting two QIH directors

James Bernard McGovern arriving at court today
James Bernard McGovern arriving at court today

A medal-winning Fermanagh boxer has pleaded guilty to assaulting two senior businessmen at a local filling station two years ago.

James Bernard McGovern, 24, appeared before Judge John Aylmer at Cavan Circuit Court today.

McGovern was charged with attacking Kevin Lunney and Dara O'Reilly, causing them harm, at the Apple Green Service Station café at Rakeelan near Ballyconnell, Co Cavan, on 1 February 2019.

Mr Lunney is the chief operating officer at Mannok, formely Quinn Industrial Holdings, which has manufacturing operations on both sides of the border.

Mr O'Reilly is chief financial officer at the same enterprise.

Neither of the two men were present in court.

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McGovern, with an address at Springtown Road, Kinawley, Co Fermanagh, potentially faces up to five years imprisonment on each count.

He first appeared before the courts in relation to the assault charges after he was arrested on foot of a warrant issued at Cavan District Court on 13 June 2019.

He was subsequently remanded in custody at Castlerea prison and spent almost five-months in custody before successfully applying for High Court bail towards the end of last year.

McGovern dressed in a navy suit jacket, shirt, tie and trousers- hugged both his parents Sean and Teresa before entering the Cavan courthouse via a side door.

He smiled to reporters and camera crews outside, appeared before the sitting represented by Karl Monaghan BL, instructed by John M. Quinn solicitors in Dublin.

McGovern stood facing the judge throughout the hearing and only addressed the court with plea of "I am guilty" to the charge of assault causing harm to Mr Lunney.

James Bernard McGovern, also known as Bernard McGovern, pleaded "not guilty" to assault causing harm to Mr O'Reilly, but "Guilty" to assault contrary to Section 2 of the Non Fatal Offences Against the Persons Act.

The court was informed that this plea was acceptable to the Director of Public Prosecution.

Evidence in relation to the two assaults was provided to the court by Sergeant Jim McDevitt, with further details outlined from statements taken by prosecution Monica Lawlor BL, instructed by State solicitor Rory Hayden.

The court heard that the incident happened just a day or two after Bernard McGovern's father Sean had his position as a truck driver at Quinn Industrial Holdings terminated.

A statement from Kevin Lunney read to the court outlined how Bernard McGovern had sitting close to him and Dara O'Reilly in the Applegreen on 1 February 2019.

In the statement Kevin Lunney said Bernard McGovern was known to him. He knew he was a boxer and he lived in Kinawley.

The court heard that Kevin Lunney and his colleague Dara O'Reilly would go to the Applegreen for lunch most days.

He said he saw Bernard McGovern get up from the table and then he recalled how McGovern was standing beside both himself and Dara O'Reilly.

In the statement Mr Lunney said Bernard McGovern threw hot water at Dara O'Reilly before punching him seven or eight times.

The court heard how Mr Lunney remembered being lifted off the floor with blood all over his face. He later went hospital and underwent surgery, under general anaesthetic, for a broken nose.

He said his wife and family were very upset by the whole incident.

In a statement from Dara O'Reilly, the court heard how he had issued a letter of termination to Sean McGovern on 30 January 2019.

He said he was aware Bernard McGovern, Sean's son, was sitting in the Applegreen, the following day.

He recalled having what he believed to be a cup of tea thrown in his face and he said he was lucky he was wearing glasses because they protected his eyes.

He said afterwards he had red stinging on the right side of his face but the court heard he did not seek medical attention.

Neither men gave a victim impact statement however two short statements on behalf of the men were read into court.

Kevin Lunney said the attack was very upsetting and painful for his family. He said their only desire is to ensure the law is upheld and this type of behaviour is stopped. He said he wanted to move on from the incident and leave the matter in the hands of the court. He said he bears Mr McGovern no ill-will.

In a statement from Dara O'Reilly the court heard that while he was in shock and upset at the time, he too wants to get on with his life. He said that he hopes that if the court sees fit Mr McGovern can get on with his life to, in a more socially positive manner.

CCTV footage of the attack was shown to the judge.

It was stated to the court for clarity that McGovern had no involvement in incidents regarding Mr Lunney that occurred in September 2019.

Defence Barrister for Mr McGovern Karl Monaghan said his client is remorseful and was suffering with depression at the time.

He said had been of previous good character and has an excellent work history. A number of letters were presented to the court from previous employers.

He also acknowledged that McMcGovern's father had lost his job a day or two prior to the attack and this was a "misguided and unjustified reaction to that".

Judge John Alymer remanded McGovern on continuing bail and sentencing was adjourned until Friday, 19 March.