A family Christmas dinner in Bantry ended with a man being glassed in the face following an argument, a recent sitting of Bantry District Court has heard.
Court presenter inspector Triona O’Mahony said that there were two counter prosecutions resulting from an argument between two men that occurred at an address at Marino Terrace, Bantry, Co. Cork on December 24th, 2023.
Garda Louise Kingston told the court that James Greig, 28, of Clashnadoo, Durrus, had reported that he was assaulted by Filip Kroscen, 27, of The Warner Centre, Bantry, while Mr Kroscen had alleged that he was assaulted by Mr Greig.
Garda Kingston said that Mr Grieg reported the alleged assault on December 26th, 2023 and had suffered facial injuries that required stitches as well as injuries to his gums and teeth. Mr Greig alleged that he had been hit in the face with a glass by Mr Kroscen.
Gda Kingston said that Mr Kroscen was interviewed by appointment on December 27th, 2023 where he admitted he had punched Mr Greig but denied he had hit him with a glass or any other type of weapon. He also alleged that Mr Greig had assaulted him.
Giving evidence, James Greig said that he had been invited to the Kroscen home by his friend Julius Kroscen, Filip Kroscen’s cousin. He said that the Kroscens were a Czech family and celebrated Christmas dinner on Christmas Eve.
Mr Greig said that there were a number of members of the Kroscen family present. Mr Greig said that he sat opposite Filip Kroscen during the meal who at one point stood up angrily and accused him of calling him a “motherfucker”.
Mr Greig said that the situation calmed down but later in the evening Filip Kroscen smashed a glass in his face and then left the house.
Filip Kroscen’s solicitor, Flor Murphy, said his client alleged that James Greig had called him a “motherfucker” three times. He also alleged that Mr Greig had begun questioning Mr Kroscen if his family were gypsies or travellers.
Mr Murphy said that Mr Greig had been drinking vodka on the night and may have been much “more intoxicated than he realised”.
Mr Greig said that he may have called Filip Kroscen a “motherfucker” but it was not intended as an insult.
Witness Sara Gaborova, the partner of Filip Kroscen said that she was not drinking alcohol at the dinner as she had young children to look after.
She told the court that Filip Kroscen and James Greig were drinking the whole evening and she heard Mr Greig calling Mr Kroscen a “motherfucker” several times.
She said that most people had left the room when the alleged assault occurred and only an aunt who was visiting from the Czech Republic was in the room with the two men at the time it happened.
Giving evidence, Julius Kroscen said that his cousin Filip may have been upset by the term “motherf**ker” as his own mother was dead, and it was a phrase that did not translate into the Czech language. He said that Filip may have believed that James Greig was insulting his dead mother.
He said that the two men had been drinking all evening and the argument between them had escalated to a point where most of the other people in the house had left the room. He said that following the alleged assault there was “blood everywhere.”
Filip Kroscen told the court that James Greig had repeatedly called him a “motherf**ker” and kept asking him if his family were travellers or gypsies.
He said that he had pushed James Greig who had pushed him back, and they both ended up on the floor. He said that he did not hit him with a glass and that he saw no blood.
Jame’s Greig’s solicitor Collette McCarthy said that according to statements there was broken glass on the floor and on the table, as well as a large amount of blood.
She said her client had sustained a deep straight cut to his face that had left a scar and medical reports and photographs corroborated the extent of his injuries. She said that Filip Kroscen had to be “dragged out of the house” and the only injuries he had sustained were to his hands.
Judge Marie Keane said that all parties agreed a significant amount of alcohol had been consumed including vodka, shots and beer. She said it was clear that a disagreement had broken out over the use of the word “motherf**ker” which had led to further arguments later on when even more drink was taken.
She said that, based on the evidence, she was “quite satisfied” that a glass had been broken into James Greig’s face. She dismissed the charge against James Greig and convicted Filip Kroscen of assault causing harm.
At the sentencing hearing, Mr Murphy told the court that his client had brought €1,000 in compensation for the injured party. He said that Mr Kroscen wished to apologise for his behaviour which he accepts “was appalling".
He said that Mr Kroscen was the father of two young children and was engaged to be married and was currently living in rented accommodation in Bantry. He said that Mr Kroscen was “well able to work” and asked the judge to consider “the community service route” as a potential penalty.
The court heard that Filip Kroscen had seven previous convictions, mostly road traffic related, including one for no insurance for which he received a suspended sentence in 2023.
Judge Keane noted that Mr Kroscen had brought €1,000 in compensation to court but said that in the context of the offence it was “nothing other than a token".
Filip Kroscen was sentenced to four months in prison with recognisance in the event of an appeal fixed in his own bond of €100. Regarding the suspended sentence, he was remanded on bail to appear before Macroom District Court on November 20th.
