Wednesday 20 February 2019

Man attacked brother in Father's Day 'scuffle' on visit to dad's grave

The scuffle took place at Dardistown Cemetery
The scuffle took place at Dardistown Cemetery

A man attacked his brother who he was "feuding" with at a cemetery after the two had visited their dad's grave on Father's Day.

Gregory Nugent (57) lunged at his brother, Declan, and assaulted him by grabbing his arm in a scuffle when the pair encountered each other after going separately to the grave.

The accused had denied the charge, insisting he had fallen to the ground and had no physical contact with his brother during the incident.

Judge John Lindsay found him guilty and put him on a bond to keep the peace for a year.

The judge cleared him of a related charge of causing criminal damage to his brother's watch in the same incident.

Gregory, of Shanboley Road, Santry, had pleaded not guilty to both charges.

"What happened shouldn't have happened, full stop," Judge Lindsay said. "I would say that to both of them."

Declan told Dublin District Court he was at Dardistown Cemetery with his wife, Adrienne, and their dog at 5pm last June 18 last.

They had just visited his father's grave and were on their way to his father-in-law's grave when he noticed the defendant nearby.

Telling his wife not to go near him, Declan "backed off" and took out his phone to record anything that might happen.

"He came up to my wife and got right in her face and started saying things to her, derogatory remarks," he said.

He began recording and the defendant, "more or less said 'go ahead'."

His wife phoned gardai and told them they were being "intimidated".


"He came closer and ran at me, there was a scuffle, he tried to grapple me to the ground, I managed to hold on to my phone," Declan said.

He manoeuvred away and the accused instead fell to the ground before walking away.

The victim said he was "badly shaken".

Adrienne Nugent told the court that she saw the accused and told her husband: "My God, ignore him, he's very dangerous."

She said the accused went to attack her first, then pushed her husband, who put his foot out.

Gregory then tripped over her husband's leg, she said.

The court heard there was a "long, protracted history" between the complainant and the defendant.

Gregory told the court he saw his brother and sister-in-law and "they started shouting abuse at me".

He claimed he and Ms Nugent walked towards each other and they exchanged insults.

He said he walked away as his brother was recording him, "obviously trying to set me up".

He maintained they were still shouting abuse at him, so he turned and went towards his brother, but slipped on the gravel.

Viewing the camera footage, Judge Lindsay said the accused did not seem to have been moving at any speed that would have rendered him unstable.

The audio did not contain any insulting language from the victim and his wife.

The judge asked the accused why he went towards his brother.

"Just out of temper I supp-ose," he replied. "Honestly, I would say the purpose was to hit him."

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