Camolin man must pay €10,000 for ‘cowardly and vicious assault’

A ‘COWARDLY and vicious’ assault on Gorey’s Main Street was recalled when a 24-year-old defendant appeared before Wexford Circuit Criminal Court.

John Hempenstall suffered fractures to his cheek bone, eye socket and nose when he was attacked by the defendant, Conor Walsh of 7 Cois na Coille, Camolin, Gorey on March 30, 2014.

The court heard how Mr Walsh had drank several cans of beer before going to the 64 pub in Gorey where he drank several whiskies.

It was at the end of the night that Walsh violently assaulted Hempenstall in an apparent unprovoked attack.

Garda Brian Dowling told the court that the victim was confronted by three men on the street. Local taxi driver Peter Cloke went to Hempenstall’s aid and broke up the altercation. Mr Cloke told Garda Dowling that at this point Walsh struck Mr Hempenstall with a bottle, before running away in the direction of Gorey Garda Station.

In a victim impact statement read to the court by Garda Dowling, Mr. Hempenstall spoke of having to get 10 stitches in his head for the lacerations. He suffered from ongoing headaches while he also lost his hearing in his left ear for 10 days. He said he was minding his own business on his way to meet friends at a chip shop when he was randomly attacked.

The defendant had one previous conviction for drink driving the court was told.

Defence Counsel Jonathan Fletcher, said the defendant claimed there had been an incident before the assault but Garda Dowling said he was not aware of any previous history between them, adding that the defendant admitted hitting the victim with a bottle.

The defendant, said Mr. Fletcher had some difficulties in school, which appeared to have stemmed from his unhealthy addiction to alcohol since he was 14 years of age, while cocaine use is also an issue. The defendant lives with his mother and is the father of two children aged five and one. He also pays maintenance in relation to the children.

Mr Fletcher also said €500 had been paid in to his solicitor to go towards compensation, with more to follow.

Judge Hickson said there is no defence to his involvement in this. This was a ‘cowardly and vicious assault’, said Judge Hickson, with the defendant facing a term of two years in prison.

Judge Hickson said he would adjourn the case for two weeks so the defendant can come up with a realistic proposal to come up a sum of €10,000 as compensation to the injured party. He asked that the miserly sum of €500 be transferred to the injured party.

The defendant was remanded on continuing bail to February 21 next.