Ex-soldier unchedman intheface

A 33-year-old former soldier who pleaded guilty to assaulting a man causing him harm has been given time to get more compensation for his victim.

Paul Gannon, 1 Assumption Place, Castletown Road, came to Dundalk court last week with €150, a sum described by the judge as an ‘absolute insult’.

Judge McKiernan heard he struck the other man four or five times in the face with a closed fist.

A solicitor for the accused said his client, a trained personal trainer, is unemployed and ‘ he perceives a difficulty were he to work’.

The judge remarked Gannon should be working two jobs to offer reasonable compensation.

Evidence was presented that at 1.30am on 2 July, 2018, a man was sitting on a wall outside a licensed premises in Park Street.

The defendant came over, there was an altercation and he struck the injured party four or five times in the face with a closed fist.

There are no previous convictions for assault.

The victim testified that he has lacerations on the inside of his nose that will never heal.

He is sometimes afraid to be on his own, and has to be with friends.

Solicitor Conor MacGuill said his client couldn’t explain why he did this. He apologises for it.

He was on a day out and had ‘way too much to drink’. Gannon had €150 in court. The judge said that was an absolute insult, noting this happened in July, 2018.

Mr MacGuill replied he was not putting up €150 as anything near adequate.

Gannon is in a relationship, has two children and another is expected.

He doesn’t work outside the home. He perceives a difficulty in leaving his home for any length of time, the solicitor continued.

‘ The injuries could have been an awful lot worse. I’m considering a custodial sentence. This was an unprovoked assault,’ said Judge McKiernan.

Mr MacGuill asked the court not to finalise the matter, adding he thought his client should be working outside the home.

The judge said Gannon should be working two jobs in order to offer reasonable compensation.

‘ The facts speak for themselves – a closed fist four or five times in the face.’

Mr MacGuiill said the accused is a trained personal trainer with a history in the Army, who perceives a difficulty were he to work.

The solicitor submitted that any anxiety could be resolved with him linking with the appropriate agencies.

‘He’s had long enough to deal with it,’ said Judge McKiernan, and when Mr MacGuill asked for a probation report, she asked what was that going to tell her that she didn’t know today?

Replying to the judge from the body of the court, Paul Gannon said he was sorry for what happened.

He plays darts on Thursdays in The Bodhrán pub and doesn’t drink.

He wouldn’t like if his own son had to come home like the victim did to his parents on the night, before adding the injured party was in The Bodhrán playing darts two weeks ago.

‘I’m glad’, remarked the judge. ‘It proves he’s resilient.

‘You’re a big, strong guy. He’s smaller than you.’

Mr MacGuill suggested a sum of €1,000 compensation.

The judge said Gannon would have to come up with €2,500 as a token to avoid a custodial sentence.

She asked the defendant would a report benefit him, and he said it would. He said he was sorry for the assault.

The case was adjourned to 1 July next for compensation and a probation report.

Legal aid was granted.

Gda Conway added the injured party did not want the matter dealth with by way of a restorative justice programme.

Ms Tiernan said her client is a single mother. She works with the HSE and if getting a conviction will no longer be able to continue in that role.

She is extremely embarrassed and upset to be in court, and is sorry the incident occurred.

The defendant had saved up €300 to offer as compensation.

Judge McKiernan said if she had €500 as a token the charge would be struck out.

After the case was let stand for a time the money was paid in. the other car.

The court heard from Joe Mulligan who said he had been driving lorries since he was 18.

On this occasion he was stopped. When traffic in front started to move, he started to move.

‘I never saw him (Dempsey) coming into the yellow box. I didn’t push him.’

The defendant added the Ford Focus only came in at the left-hand corner of the lorry. He was looking at the traffic in front and at what he was meeting.

Joe Mulligan told the inspector he entered the yellow box a small bit. There was no traffic from his left.

‘He came in (to the box) as I was moving.’

Solicitor Séamus Roe said this was an accident.

Earlier, he pointed out that his client had the right-of-way and that the excellent footage ‘ largely tells the story’.

The inspector submitted that a driver shouldn’t enter a yellow box unless they can clear it.

The court heard all parties were fully-insured but the matter was still contested between the insurance companies.

Judge McKiernan said this was a prosecution for careless driving.

‘ Taking all the factors into account I’m not satisfied beyond a reasonable doubt that the driving is careless.’

The charge was dismissed.