herald

Friday 24 January 2020

Builder is cleared of assault on householder in dispute at site

Mihai Pasaila allegedly kicked man in the ribs and head
Mihai Pasaila allegedly kicked man in the ribs and head

A construction worker has been acquitted of assaulting a householder who accused him of kicking him repeatedly in the head in a dispute outside his home.

Mihai Pasaila (33) had been charged with assaulting and injuring Deividas Osylus, who had complained to a group of workers about a job being done next to his house.

Mr Pasaila denied the charge, maintaining he was acting in defence of his brother, who he said Mr Osylus had pushed.

Judge Paula Murphy dismissed the charge at Dublin District Court, saying the prosecution had not proved its case.

Mr Pasaila, of Ruanbeg Park, Kildare, had pleaded not guilty to assault causing harm.

Dublin District Court heard the incident happened at Stanaway Road, Crumlin, on February 9, 2017.

Donkeys

Mr Osylus asked the builders to stop work, alleging that damage had been caused to his home.

He said Mr Pasaila grabbed him by the shoulder, threw him on the ground and starting kicking him in the head and ribs.

Witnesses alleged Mr Osylus went on to the site without permission, threw fencing towards the workers and called them a "bunch of donkeys, farmers and foreign b*****ds".

A witness said Mr Osylus "provoked the whole thing".

Mr Pasaila alleged that before the incident, Mr Osylus said he would "rape his wife".

He said he saw Mr Osylus push his brother, and in his defence, Mr Pasaila said he grabbed Mr Osylus and put him to the ground.

He said he aimed one kick but did not think it connected.

Mr Osylus, who was not charged with any offence, denied the defence's version.

Defence barrister Alan Grace said there were inconsistencies in the prosecution's case.

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