Judge says ‘don’t blame victim’ for assault over a girl
A VALENTIA man who assaulted another man ‘over a girl’ was criticised by Judge David Waters after it emerged in court that his mother had attempted to get the victim to drop the charge.
Jack O’Driscoll of Feighrann, Valentia Island, was before the court for assault causing harm at Big Bites take-away in Cahersiveen in December 2018. He pleaded guilty to the incident.
Judge Waters was also critical of Mr O’Driscoll after his solicitor, Padraig O’Connell, said Mr O’Driscoll had reacted to the victim.
Mr O’Connell said when Mr O’Driscoll was interviewed by gardaí, he told them the victim had hit him and he had ‘ lost his temper’.
“He kicked me in the leg and I punched him a couple of times and kicked him once,” Mr O’Driscoll said in his interview to gardaí.
Mr O’Connell said the incident was all about a girl. “It starts with a girl and finishes with a girl,” he said.
Mr O’Driscoll also expressed remorse in his garda interview and said it was a ‘pathetic’ thing to do and he regretted it.
Judge David Waters said it appeared that Mr O’Driscoll didn’t agree with the injured party’s version of events. He said that Mr O’Driscoll was pleading guilty but trying to lessen his culpability in the incident. The injured party said he was attacked from the back without warning which is not what Mr O’Driscoll said happened.
“You are saying the victim started it. It is not what the injured party said,” stated Judge Waters.
“It is called victim blaming.” he said adding that it is a mitigating factor when considering his decision.
Mr O’Connell said his client was pleading guilty but the garda interview was being put forward in mitigation. He added Mr O’Driscoll had paid compensation to the victim, and said despite only being on a student allowance, he had come up with €300.
“It was hard come by ... He has admitted the assault, pleaded and paid compensation. He has no previous and at the end of the day it was an aberration. It was a one-off. He over-reacted to the situation that evolved.”
He added that Mr O’Driscoll’s mother had done what she did because she was ‘over-protective of her son’.
Mr O’Connell added Mr O’Driscoll, who is an electronics student, has a full life-time ahead and prospects in education - a conviction would be damaging.
Judge Waters said he was not happy that Mr O’Driscoll had accepted his part in the incident given his different version of events.
“It is not to his credit.... I don’t think he has remorse he is blaming the victim.,” concluded Judge Waters.
He convicted and fined him €300.