Drinks between friends in Enniskillen ended with an assault

Amy Johnston (24), of Kilmacormick Drive, Enniskillen, was charged with two counts of criminal damage and one of common assault concerning the incident on January 2.

Johnston, however, denied the charges and during the contest at Enniskillen Magistrates Court on Monday, she claimed she was not even in the house where the damage took place.

In her evidence, the victim – Shania Deveney – told the court that on the night in question, she and Johnston had been drinking at her house before the defendant became violent and started hitting her and pulling her hair.

Ms. Deveney said she told Johnston to stop, and she hit back in self-defence.

Johnston then went and grabbed the oven door and smashed it off the ground, breaking it.

Ms. Deveney then asked Johnston to leave the house, with the defendant going into the back garden before coming back and smashing the back door.

It was at this stage that Deveney ran out the front door and to her mother’s house.

Ms. Deveney told the court she had bruising to her face as a result of the assault, and she had to replace the oven, which cost her £300.

‘Rightly on’

Cross-examination by Johnston’s barrister, Ciaran Roddy, saw him ask the injured party questions about the oven before moving on to how much alcohol she had taken that night, with Deveney saying she was “rightly on”.

Mr. Roddy asked her if she recalled Johnston falling out of a taxi when they arrived outside the house, with Deveney responding she did not remember this happening.

He then put it to her that her account of what happened was untrue, and that on the night in question, the two women went to Johnston’s house where the defendant fell asleep and Deveney took a Snapchat photo.

Deveney said they had been in Johnston’s house before going to her house.

Mr. Roddy then queried Deveney’s excuse for not attending the initial contest date in April.

Deveney, who was living in a hostel in Belfast at the time, said she had no way to the proceedings.

When asked why she did not make police aware of this until the morning of the contest, and saying that her reason for not attending was because she had Covid-19, Deveney replied: “I don’t recall saying that.”

A police officer involved in the case then gave evidence regarding the previous contest date and Deveney’s non-appearance.

He confirmed that Deveney did say she had Covid symptoms, from what he was told, but that he had no evidence of same.

The officer was also asked about the oven, further signs of disturbance, and injuries suffered to Deveney.

Johnston then took to the witness box and she detailed the events of that night from when they started drinking in her house before going to Deveney’s aunt’s house, and then returning to Kilmacormick Drive by taxi.

It was as she was getting out of the taxi that she fell on icy ground, and cut her hand and thigh.

Johnston said they then went into her house and drank while listening to music, and she eventually fell asleep on the sofa.

‘Tipsy’

When asked how drunk she was, Johnston said she would have been “tipsy”, and agreed with Mr. Roddy when he put it to her that she was “half-cut” (intoxicated).

Johnston said when she woke up, Deveney was gone, and there was a story on Snapchat with a photo of Johnston sleeping.

Johnston then went over to look for the injured party and saw there were police officers outside.

However, she was covered with blood, with injuries to her hand and face from where she had sliced herself with a knife, which she said was self-harm – something she did not recall doing – and was escorted back home.

During her cross-examination by the prosecution, it was put to Johnston that she was “very, very drunk”, and was asked why she did not comment during an interview with police, instead of telling them she was not in Deveney’s house.

The prosecution put it to Johnston that her account was not true, to which Johnston replied: “I’m not lying.”

Both the defence and prosecution in their submissions told the court that this was a case that came down to a matter of credibility.

In his findings, District Judge Steven Keown said Deveney’s account was consistent with what police saw at the scene, and he drew an inference from the ‘no comment’ interview given by Johnston.

Judge Keown said he was satisfied the assault and damage to property had happened, and he convicted Johnston on all three counts.

Sentencing was adjourned until June 28 for the completion of a pre-sentence report.