A man has been accused of assaulting another man who blew his car horn close to his home as he erected signs for his dead father’s wake.
Dominic Gibson was erecting signs for his father Eddie’s wake after he had died the previous day.
As Gibson and his brother Martin were erecting the signs at Castletown, St Johnston, on May 31st, 2010, a car approached them beeping its horn.
Martin’s son Thomas, 13, had run across the road back to their car which had its hazard lights on.
Gibson, of Castletown, St Johnston, claimed the car, which was being driven by Hugh Toland, failed to slow down and that he had to push the young boy out of the way of the car.
The court heard that the two brothers later approached Toland outside his house at Ard Baithin, St Johnston as he was sitting in his Ford Galaxy car with neighbour Bridgid McGrath.
Mr Toland, 66, claims that he was head-butted three times by Martin Gibson and that Dominic Gibson also assaulted him by punching him in the shoulder.
“He (Martin) had his hands around my neck and then he head-butted me. I was frightened for my life,” he said.
A medical report revealed Toland suffered a fracture to the nose and also severe bruising of the face.
A neighbour of Mr Toland, Maureen Bonner, said she looked out her window and aw the Gibson treating Hugh Toland “like a ragdoll.”
A statement on behalf of Dominic Gibson said that his brother Martin went to speak with Mr Toland as he suspected he was drink-driving.
Dominic said he told Mr Toland that he was simply putting up wake signs for his father’s wake.
He then claimed that Mr Toland said “F*** your father’s wake.”
Gibson claimed it was Toland who first attacked his brother and he was merely trying to break up the row.
Mr Toland completely denied the allegation saying he hadn’t taken a drink in 40 years and that he had actually bought a mass card for Mr Gibson’s father and was going to his funeral.
The court heard that Mr Gibson’s brother Martin is outside of the jurisdiction in Strabane, Co Tyrone and could not be charged with any offence.
After deliberating for two hours and twenty minutes at Letterkenny Circuit Court, the jury of six men and six women failed to reach a verdict.
Judge John O’Hagan ordered a retrial and remanded the accused on continuing bail.