A Derry man who claimed his arm was broken by a bouncer while he was being ejected from a Donegal nightclub has had his case thrown out.
Arthur Fajkowski appeared before Letterkenny District Court today charged with the assault of Brett Watson.
Mr Watson, who was with his girlfriend, claimed he received a broken arm after being escorted from Voodoo Nightclub in Letterkenny.
However, Mr Fajkowski of Glenveagh Court, Letterkenny, claimed he used minimal force to escort Mr Watson through an alleyway at the side of the premises.
CCTV footage of the incident on June 2nd, 2015, was shown to the court.
It showed the alleged victim being led off the premises by two security staff, each one holding an arm before he leaves the premises.
In his evidence, Mr Watson said he paid €5 into Voodoo and was told to go into the side entrance of the club.
Mr Watson and his girlfriend, Kirsty Robb, tried to access the Vintage Nightclub area but were told it was full and they would have to wait.
The couple tried to gain entry again but were again told the nightclub was full and Mr Watson alleged one of the bouncers was cheeky to him.
He then admitted that he called the security staff member a “prick” and said he was not leaving.
Another security staff member then moved in and the two men then proceeded to eject Mr Watson from the premises.
However, when half-way down the alley, Mr Watson, of Kensingston Road, Waterside, Derry claimed he felt a bang and pain as a result of pressure on his left arm.
He then attended the accident and emergency department with his girlfriend at Letterkenny University Hospital
The accused man said he used normal force to restrain Mr Watson and lead him off the premises.
“It was a normal ejection,” he said.
Judge Paul Kelly said there may have been an altercation inside during which Mr Watson may have received the injury but there was no evidence of this.
Dismissing the charge of Section 3 assault against the nightclub bouncer, Judge Kelly said “There is no evidence on the CCTV footage that they were excessively restraining Mr Watson down the alley.
“There was some incident inside the club.
“We have a relatively calm man being ejected from the premises by the two security guards. At the end we can see Mr Watson and his left arm is moving quite freely.
“It is absolutely conceivable that it could have occurred in the struggle earlier but to convict a man on Section 3 would have to require evidence of intent and I have not seen such evidence today.”Tags: