Brother bitten in the eye at family party
Chris Donegan • Published 19 Jan 2012 13:00
A 31-year-old man who bit his brother in the eye during a fight at their sister's 18th birthday party claimed he was acting in self-defence.
Barry McDermot was accused by his half-brother, Enda West, of acting "like a dog" when he bit him over the right eye and one of his fingers.
"Just the rage in his eyes," recalled Mr. West. "He was like a lunatic."
McDermot denied assaulting Mr. West, occasioning him actually bodily harm, and assaulting Mr. West's girlfriend, Kelly Anne Graham.
However, he was convicted of both offences and sentenced to four months' imprisonment, suspended for 12 months.
A third charge, that he assaulted Samuel Nethercott, occasioning him actual bodily harm, was dismissed after Mr. Nethercott failed to turn up to give evidence at Fermanagh Court.
The court heard that McDermot had been on the run since jumping bail two days after committing the offences and had been at large for over two years. He was arrested during a stop and search operation in England, where he lives with his wife and 10-year-old child, and has been in Maghaberry Prison awaiting trial since November 30, last year.
Miss Graham gave evidence that she and Mr. West had been to his sister's 18th birthday party in the Donn Carragh Hotel in Lisnaskea and returned to the family home on the Magheraveely Road in Newtownbutler in the early hours of June 20, 2009. She described how McDermot became "really aggressive" and began shouting at her. She said he shoved her and she fell backwards on to the ground. When her boyfriend intervened, McDermot punched him.
"The next thing, Barry was on top of him on the ground," she continued.
She described how McDermot bit her boyfriend above the right eye and left him covered in blood.
Cross-examined by defence barrister, Mr. Des Fahy, she denied there had been an argument about Mr. Nethercott driving her sister Michelle's car when he had been drinking.
"I don't know anything about that," said Miss Graham.
She denied shouting and being aggressive towards McDermot or that her "provocative behaviour" had caused the incident.
"Obviously he had to make up this story because of the terrible thing that he did," she stated.
Mr. West gave evidence that they had been to his sister's 18th birthday party and returned to the family home. Around 5am they went outside to say goodbye to Kelly Anne's sister, Michelle, and Mr. Nethercott, who were leaving.
He said McDermot "started to pick on Kelly Ann", telling her she thought she owned the house but it was his house more than hers.
"I was trying to calm the whole situation down," Mr. West told the court. "But he kept at her.
"She told him to go away and he pushed her. That's when I stepped in and pushed him and that's when he hit me, two punches in the face," added Mr. West.
He said that as he was lying on the ground with McDermot on top of him, he was bit on the finger. His finger was in McDermot's mouth for about five seconds.
"As soon as I got it out, he bit me in the eye," stated Mr. West.
He described how he was taken by ambulance to the Erne Hospital where he had five stitches inserted in the wound.
Cross-examined by Mr. Fahy, he said he had received £4,850 compensation for his injuries.
Mr. Fahy suggested McDermot had acted in self-defence.
Pointing to the scar above his right eye, Mr. West retorted: "You call that self defence?"
Mr. Fahy said McDermot accepted that he bit him on the finger because it was in his mouth.
"He bit it to stop you ripping his jaw," said the barrister.
"Not true," replied Mr. West.
Mr. Fahy said everything McDermot did was to defend himself.
"This was self defence," he suggested.
"No," replied Mr. West, "he's a liar.
"He was like a dog, an animal, that was what he was like," he added.
A police officer said he was called to a disturbance at a house on the Magheraveely Road, Newtownbutler, and when he was some distance away encountered McDermot and a number of young people walking towards him.
"McDermot was extremely aggressive," he recalled. "He had his fists clenched and was raising his voice."
The officer said McDermot, who had a small cut above his left eye, told him he had been in a fight with his brother and "my brother is much worse than me".
The constable described going up to the house and finding everyone, including Mr. West, very distressed.
"His face was covered in blood. It looked extremely bad," the officer told the court.
McDermot gave evidence that he had not been back home for over five years but had returned on this occasion to attend his sister's 18th birthday party. He said everyone was drunk and Mr. Nethercott "took off" with Michelle in her car.
"Then a phone call came to our house saying they were arguing and fighting and the car was in the middle of the road," he told the court.
He said Mr. West and Miss Graham ran up the road and his mother asked him to go and bring his brother back.
"I found a commotion going on," he said. "Kelly Anne's sister was screaming: 'Get him out of the car. I don't want him driving the car. Get him out of the car.'"
He said that when he asked who owned the car, Miss Graham made a bee line for him and he put his hands up to stop her.
"She was just coming screaming, pointing her finger, saying: 'What's it got to do with you?' Enda came between us and things got out of hand. There was pushing and shoving and the next thing we were on the floor in a wrestling match. I had to defend myself," he stated.
He said he was punched to the back of the head and every time he put his hand on the ground, someone stamped on it.
"He was pulling my jaw and had his finger in my eye. I bit on his finger. I had to do something, he was pulling on my jaw," McDermot told the court.
He said he suffered cuts to his face and head and was taken to the Erne Hospital for an x-ray to his hand.
When interviewed by police he stated: "Me and my brother have never lifted a hand to each other until last night."
Mr. Fahy submitted that in terms of self defence the defence only had to establish that McDermot's behaviour was "reasonable".
The prosecutor argued that the injuries sustained went beyond self defence.
District Judge Gerard Trainor noted that McDermot was essentially "a man of good character" with no previous criminal convictions. However, he rejected McDermot's defence that he bit his brother on the eye because he knew he had to get away from him. Finding him guilty of both charges, he sentenced him to four months' imprisonment, suspended for 12 months and warned him not to loiter around Fermanagh.
McDermot assured him he would be going "straight home" to York in England.
This article appeared in Impartial Reporter 19 Jan 12
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