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Brothers acquitted of assaulting elderly woman who believed they were involved in her son's killing

Paul and Stephen Smith had claimed that their brother Andrew was solely responsible for the assault.

6839756294_a2428ac8d4_o William Murphy William Murphy

TWO BROTHERS HAVE been acquitted of assaulting their elderly neighbour after they claimed it was another brother who was solely responsible for the attack.

Paul Smith (49) of Oranmore Road, Ballyfermot, Dublin and Stephen Smith (41) of Gate Lodge, Dundalk, Co Louth had both pleaded not guilty at Dublin Circuit Criminal Court to assaulting Jenny Lynch causing her harm on 7 March, 2015, in Ballyfermot.

Their brother Andrew Smith has been jailed for two-and-half-years after he previously pleaded guilty to assaulting Ms Lynch causing her harm.

Andrew Smith was produced by prison officers to give evidence in the trial this morning. He told the jury that he hit Ms Lynch twice in the head and that neither Paul nor Stephen hit the woman.

He said Stephen was on crutches at the time having been shot a week earlier. “He was in bits”, he told the jury.

The jury of four women and eight men returned its verdict following 25 minutes of deliberation on day three of the trial. Judge Martin Nolan thanked the members for their service.

The Smiths embraced their supporters in court after the jury left and Judge Nolan discharged them both from the indictment.

Walking home

During the trial Lynch told Monika Leech BL, prosecuting, that all three Smiths assaulted her after she was walking home from mass.

She said she needed four or five stitches to her lip, had a ‘busted’ nose, two black eyes, a lump to the side of her head and a sore shoulder following the attack.

She told the jury it was her belief and the belief of the gardaí that both Paul and Andrew were in a car that hit her son Eddie. She accepted that neither of them has ever been charged with his killing.

She denied that she wrongly accused Paul and Stephen Smith of assaulting her because she believed they had killed her son.

Ms Lynch refused to accept a suggestion from Pieter Le Vert BL defending Paul Smith, that when Andrew Smith assaulted her she took this as an opportunity to get Paul and Stephen Smith “in another way”.

“You saw them as your son’s murderers and this is the motive behind the lies you are telling about them,” Le Vert said to Lynch.

Luigi Rea BL, defending Stephen Smith suggested to Lynch:

You became fixated in your mind that the Smiths were to blame for the death of your son.

Paul Smith told the jury that he was not involved in Eddie’s murder. He said he arrived down to find Andrew attacking Ms Lynch and he tried to drag him back into the house, while Stephen was trying to get his mother inside.

He told the jury that Stephen was in no condition to hit Jenny Lynch and that he didn’t hit her.

Stephen Smith told Luigi Rea BL, defending, that Eddie Lynch was his best friend. He said he would never hit Ms Lynch because she was his best friend’s mother.

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    Mute Andrew Martin
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    Jul 13th 2021, 1:18 PM

    I am struggling to remember a single thing this government have managed properly.
    Apart from their numerous pay rises.

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    Mute Ilarion Cibu
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    Jul 13th 2021, 3:48 PM

    @Andrew Martin: working day and night to legitimise the pay rise for working day and night to legitimise the pay rise.

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    Mute Paul Furey
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    Jul 13th 2021, 4:23 PM

    @Andrew Martin: errrr how about Ireland ranked 20th highest in full vaccinations? And a working tracking app, how about us not going the way of the UK. We ate doing a lot of right things. Sorry to ruin your massive failed whinge

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    Mute Shane McGrath
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    Jul 13th 2021, 4:27 PM

    @Paul Furey: Your opinion is in the minority now unfortunately
    … People want the country opened up.

    46
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    Mute Paul Hedderman
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    Jul 13th 2021, 5:16 PM

    @Paul Furey: ha, a tracking app that chewed through battery power and didnt work 100%, 20th while vaccinating a relatively small population and what way are the UK going? Fully open soon and more vaccinated than us?…… I get that you’re pro govt in the majority of your posts but in reality they’ve handled this crisis very poorly on many levels. Poor communication, leaks, conflicting info, not protecting the elderly in the first wave, afraid to lock down initially while watching everyone else lock down(26th in europe to do so), not engaging with heavily impacted sectors, nearly a year in level 5 and not managing the economy through the whole thing, rules that dont make any sense, taking ages to enforce masks for a airborne disease, not making use of rapid testing. And theres prob more.

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    Mute Sam Harms
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    Jul 13th 2021, 6:01 PM

    @Paul Hedderman: the UK also had 50 deaths today, the highest number since April. Do you want that here too?

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    Mute Donal Desmond
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    Jul 13th 2021, 6:02 PM

    @Paul Furey: The only thing this inept government can agree on is on how to F..k things up.

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    Mute Paul Hedderman
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    Jul 13th 2021, 6:10 PM

    @Sam Harms: Adjust for population. Thats like 3 – 4 deaths here…. And they had 6 yesterday. Thats why 7 day moving averages are better stats to look at to get a more accurate picture.

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    Mute Sam Harms
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    Jul 13th 2021, 6:21 PM

    @Paul Hedderman: in the past 7 days they have had 213 deaths

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    Mute Paul Hedderman
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    Jul 13th 2021, 6:29 PM

    @Sam Harms: thanks sam. Thats an average of 30. This time in their second wave when they had slightly higher daily cases they were getting around 600 deaths a day. Big difference….. Thankful the vaccienes are being rolled out

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    Mute Paul Hedderman
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    Jul 13th 2021, 6:31 PM

    @Sam Harms: Thanks also for proving my point. 50 is way worse than the 7 day average of 30. 66.6% more infact.

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    Mute Sam Harms
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    Jul 13th 2021, 7:56 PM

    @Paul Hedderman: so you don’t think an average of 30 people a day dying from covid is bad? How many people are you willing to sacrifice?

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    Mute Paul Hedderman
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    Jul 13th 2021, 9:19 PM

    @Sam Harms: in the UK, no, thats very good in regard to fighting the virus. Thats like 2 people a day here…… Around 2 people die a day here during flu season. Never any restrictions for that and most people go on with their daily lives unaware. While any death is sad for the loved ones humans get sick and die all the time. We live beside viruses and illness every day of our lives, unrestricted pre covid. We’ll get to a stage with covid where we’ll live unrestricted, hopefully limiting deaths as much as possible, but there’ll probably still be deaths. People need to realise that.

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    Mute Paul Somers
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    Jul 13th 2021, 1:11 PM

    Typical..right hand doesn’t know what the left hand is doing….

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    Mute Bri Lyons
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    Jul 13th 2021, 2:31 PM

    @Paul Somers: typical….moaner

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    Mute JedBartlett
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    Jul 13th 2021, 4:44 PM

    @Paul Furey: is ‘whinge’ your favourite word, Paul?

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    Mute Franny Ando
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    Jul 13th 2021, 5:01 PM

    @JedBartlett: He seems to have an extremely limited vocabulary:)

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    Mute Eoin Jackson
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    Jul 13th 2021, 5:15 PM

    @Paul Furey: i never tire of seeing you whinge about other people whinging.

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    Mute Ballybough Marcus
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    Jul 13th 2021, 1:13 PM

    Do they ever talk to each other before telling the public stuff?

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    Mute Keith O Hanlon
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    Jul 13th 2021, 1:14 PM

    @Ballybough Marcus: no they haven’t the intelligence

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    Mute Keith O Hanlon
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    Jul 13th 2021, 1:13 PM

    Misunderstanding something they are brilliant at

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    Mute d
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    Jul 13th 2021, 1:56 PM

    @Keith O Hanlon: Yes exactly, this is what the email says:You can use your certificate to facilitate travel across EU member states during the Covid-19 pandemic and on the actual cert it mentions that this is not a travel document

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    Mute d
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    Jul 13th 2021, 1:56 PM

    @Keith O Hanlon: Yes exactly, this is what the email says:You can use your certificate to facilitate travel across EU member states during the Covid-19 pandemic and on the actual cert it mentions that this is not a travel document

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    Mute Franny Ando
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    Jul 13th 2021, 5:13 PM

    @d: Well thats actually a contradiction in terms as they are saying you must have it, or a pcr / antigen test, to travel.

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    Mute Linda Oreilly
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    Jul 13th 2021, 1:44 PM

    So if you do not receive the covid passport by email having been vaccinated in June, and are flying on the 19th of July…..and there is no call centre no to contact ? you seriously could not make this up….

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    Mute Tom Tom
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    Jul 13th 2021, 3:00 PM

    @Linda Oreilly: Well wouldn’t that be a little bit silly, booking for the very day the restricitions are up? In Ireland. Where nothing runs on time.

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    Mute Franny Ando
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    Jul 13th 2021, 5:05 PM

    @Tom Tom: And its that sort of attitude that contributes to these shortcomings. “Ah shur we’ll be grand” instead of saying get your overpaid asses into gear get it done properly.

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    Mute Fiona Fitzgerald
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    Jul 13th 2021, 9:15 PM

    @Linda Oreilly: Is it not going to be available on the Covid tracker app as well? You’d have that to show?

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    Mute Linda Oreilly
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    Jul 14th 2021, 7:48 AM

    @Fiona Fitzgerald: yep I got my Covid Vaccine Passport via email late last night. No more PCR tests!!

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    Mute Derek Lyster
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    Jul 13th 2021, 1:38 PM

    All i can think of anytime one of these eejits make a statement is a chant you would here at a foitball match ” You don’t know what you’re doing”

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    Mute john gavin
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    Jul 13th 2021, 2:34 PM

    @Derek Lyster: just waiting and hoping for a slight slip up by theGovernment and the Shinners and lefties are out of the woodwork…the rest of us agree that a good job is being done in extreme and unprecedented situations.

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    Mute Franny Ando
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    Jul 13th 2021, 5:11 PM

    @john gavin: I’m neither a Shinner nor a Leftie as you so condescendingly put it. I would just like our vastly overpaid representatives to do their jobs properly. Not try to rush through legislation that has in no way been thought properly through so they can go on holidays. I for one don’t agree that they, have or are, doing a good job.

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    Mute John Considine
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    Jul 13th 2021, 6:05 PM

    @Franny Ando: But that’s exactly what a Stalint-Trotskist-Marxist-Lefty-Commie would say!

    Seriously though, it self expires in 3 months and they can’t do it the right way anyway because it’s constitutionally *very* sketchy and likely wouldn’t pass muster. They are lucky they have Michael D to sign it tbh. I doubt some of our previous presidents would.

    So, yeah, it’s rubbish, but at least it will put itself in the bin in October so I don’t see the need to stress it.

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    Mute Franny Ando
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    Jul 13th 2021, 7:08 PM

    @John Considine: But remember they are also saying it can be extended beyond Oct. So let’s hope it is put in the bin:)

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    Mute Eddie O'Neill
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    Jul 13th 2021, 2:53 PM

    Michael Martin looking a bit unwell these days

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    Mute Tom Tom
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    Jul 13th 2021, 2:59 PM

    Ahh the good old “GANFYD” approach: “Get A Note From Your Doctor”.
    Doctor’s notes waste huge amounts of time and aren’t as valuable as most folk believe. Waste of your own money and your doctor’s time in many cases.
    We need to move away from this business of medicalising everything. Why would you need a doctor’s note to eat out, go on holiday etc? Surely that’s the Dept of Health’s decision.

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    Mute Dick Nagle
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    Jul 13th 2021, 6:18 PM

    Tried to ring the number today as my cert has the wrong name on it. Rang once then disconnected. This happened 10 times. Looks like they’re getting paid not to answer the phone.

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    Mute Noel Martin
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    Jul 13th 2021, 4:57 PM

    The Mrs. Received her cert today but is disappointed that it can’t be laminated due to the glare from the paper which prevents the digital machine from reading the QR code.

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    Mute Locutus Of Borg
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    Jul 13th 2021, 7:06 PM

    So what’s the phone number then ?

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    Mute Vlad Eire
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    Jul 13th 2021, 7:58 PM

    I got mine through my gp but at a hse vaccination centre. God only knows if or how I’ll get one. I better call the helpline. Oh no wait, its not set up yet.

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    Mute Nickwhick
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    Jul 13th 2021, 5:36 PM

    Got phizer in a country outside the EU. I wonder will they accept my covid vaccination certificate!

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