The jury in the trial of a Donegal County Councillor charged with assault causing harm has retired to consider its verdict.
John O'Donnell, aged 37 and from Kilmacrennan, denied two charges of assault when his trial began last Wednesday.
The charges relate to two different men in two separate incidents.
However in his charge to the jury members this afternoon, Judge John Aylmer said that following legal argument in their absence he had ruled that they should find Mr O'Donnell not guilty on the first charge, that of assault causing harm to Emmet Gallagher at the Sultan Takeaway in Letterkenny in the early hours of 23 February 2015.
In relation to the second charge, that of assault causing harm to Seamus O'Donnell at Gortlee in Letterkenny on the same date, Judge Aylmer said they must reach a unanimous verdict.
In her summing up to the jury Prosecution Barrister Patricia McLaughlin said there had been an altercation between the two men and Mr O'Donnell had assaulted Seamus O'Donnell at a bus stop.
She said he had punched and kicked him in the face, causing serious injuries including fractrues to his nasal bones which required manipulation under surgery and eight days in hospital.
John O'Donnell denied kicking Seamus O'Donnell in the face.
He told gardaí that he had drink taken but was not drunk and had a full recollection of the evening.
His barrister, John Berry, said that Mr O'Donnell had been confronted by Seamus O'Donnell and walked away from him twice but was followed and there was "volatility, aggression and anger in the air".
Ms McLaughlin rejected the claim that Mr O'Donnell acted in self defence, saying she said there was undisputed evidence he was sitting in a taxi before this happened and if he had felt under threat the simplest thing to do was to leave in that taxi.
Judge Aylmer said the defence do not deny that Mr O'Donnell struck Seamus O'Donnell - the issue is whether he was acting in self defence.
