A former boxer and president of a US boxing promotions company threatened to shoot staff and customers in a Dublin pub after being thrown out, it was alleged in court.
The Circuit Civil Court heard yesterday that Dean Smith, of East Maple Street, Glendale, California, and Mountainview Drive, Rathfarnham, Dublin, returned to the city centre pub from which he had been ejected minutes earlier and shouted "You're all dead. I'm going to shoot the lot of you."
Judge Matthew Deery was told that Smith (42) then lifted a bar stool and started swinging it around as he approached customers and staff at the bar. He had been restrained in a melee and thrown out again.
Mr Smith's €38,000 personal injuries claim was counted out by the judge who said the evidence favoured the defending pub owner, Gary O'Reilly, who trades as Ned Scanlon's in Townsend Street, Dublin, which had a trouble-free reputation.
Mr Smith alleged he had been set upon, battered and assaulted after having asked the DJ at a karaoke night on Saturday, August 23, 2009, to play a favourite song for him.
He had been put out of the bar by members of the DJ's family and barman Billy Nolan and had to return later for his car keys and was assaulted again.
When cross-examined by Conor Kearney, counsel for the publican, he denied he had returned to the bar with a friend, Jonathon O'Brien.
Mr O'Brien told the court that on his way to the bar with Mr Smith to pick up his keys he had stopped to talk to a garda while Mr Smith had walked on into the pub.
"I was going to the pub to see what had happened earlier but minutes later I saw Mr Smith being thrown out of the pub. Blood was running out of his head," Mr O'Brien told the court.
Barman Billy Nolan said Mr Smith had approached the DJ and had become agitated. He heard him say: "You'll do what I tell you or I will put this glass in your face."
There had been a bit of a scuffle and he and the DJ's father and brother had put Mr Smith out. Ten minutes later he returned and shouted: "You're all dead. I'm going to shoot you." Smith had grabbed a stool and had rushed at the DJ's father and his son.
"All hell broke loose. There was a big fight and eventually we got Mr Smith on to the street and locked the doors until the gardai arrived," he said.
Customer Ann McDonagh said Mr Smith had returned to the pub and started swinging a stool around him. Judge Deery, dismissing Mr Smith's damages claim and awarding costs against him, said his claim he was returning for his keys was seriously damaged by the evidence of Mr Nolan and Ms McDonagh. He should not have returned to the pub.