The Kerryman (South Kerry Edition)
Suspended sentence for ‘high-end’ Castlemaine assault
A BALLYHEIGUE man has narrowly avoided jail for seriously injuring a man in Castlemaine village in 2015.
Mark O’Regan of Ballyronan, Ballyheigue, was before Cahersiveen Court charged with assault causing harm to Anthony Lyons on September 13, 2015.
Judge David Waters said that the “only thing keeping Mr O’Regan out of jail was the fact that he had no previous convictions”. He said that the incident was the “very high end” of the assault scale.
The case had previously been heard at Cahersiveeen District Court and had been adjourned to allow Judge Waters to make a decision.
The court heard that Mr O’Regan had €5,000 in court as compensation for the victim. Judge Waters said that this money was for the victim’s “pain, suffering and inconvenience” and was without prejudice to the victim seeking full compensation for his losses in another court.
“It is not to be seen as part payment for his injuries,” he said. The court had heard previously that injuries caused to Mr Lyons amounted to €15,000.
He added that the money was also not a “bargaining tool” and that while it would be taken into consideration, it is up to each individual to put their best foot foward in court.
Defence solicitor, Padraig O’Connell, said that there are issues about how many people were involved in the assault, which the court had heard previously, but that his client accepts responsiblity for what happened.
He added that Mr O’Regan was involved in “one blow and one blow only”. He said the compensation money was a sign of his remorse. Mr O’Connell said the incident had caused a lot of distress to his client, who is a young man with no previous convictions and is in employment.
Judge David Waters gave Mr O’Regan a sixmonth sentence, suspended for 12 months, and warned him that if he came before the court during that time he would receive a “serious sentence”.