Judge tells attacker to come up with €3,000 for charity

A COURT judge has expressed surprise that a tall, powerfully built young Mayo man, who knocked a young Donegal man out with one punch, was only prosecuted for a Section 2 common assault on Callum O’Halloran from Ballyshannon. Judge Kevin Kilrane said that in his view the defendant Darren Finnerty, 24, from Castle View, Carn, Garranard, Ballina, could have been charged with the more serious Section 3 charge of assault causing harm.

The defendant pleaded guilty at Sligo District Court to assaulting Callum O’Halloran at JFK Parade on March 7, 2019. He also pleaded guilty to intoxication and using threatening and abusive behaviour. Callum O’Halloran told the court that he and his friend were queuing outside the Lola Montez nightclub.

He had forgotten his ID and was trying to sort it out on his phone.

He said: “I was just punched and knocked out and the next thing I knew I was awake and heading to the hospital.” The victim was knocked out cold and had a swelling in his jaw and had serious migraine for weeks afterwards.

He added that he was not confident about going out in public for a long time afterwards.

The victim said he played sports and did voluntary work and was looking behind him a lot.

He had experience of concussion from playing sports and was worried as a result.

But he was fully recovered, and it had happened two years ago and the after-effects did not linger.

Sergeant Derek Butler told the court that door staff detained the defendant until gardaí arrived and the incident was captured on CCTV.

The defendant was aggressive and abusive to door staff.

The court heard he had one previous conviction for no tax. Defence solicitor Mr Denis Molloy said the defendant had a substantial undisclosed sum of money in court.

The victim said that he was happy with that amount. Mr Molloy said the defendant was a 24-year-old apprentice welder who hoped to qualify this year and he also helped on the family farm in Crossmolina. He was very hard-working. The only other conviction was for a road traffic offence. The defendant had a totally clean record and there was nothing of anything remotely resembling this in his past. It was out of character in every respect and the solicitor said he did not think there will be a repetition.

He was an upstanding member of the community and also helped out with GAA.

Judge Kilrane asked for an explanation for the defendant’s behaviour.

The solicitor said the defendant was keeping bad company at that time and his drink may have been spiked as he reacted in a way he would never do, before or since.

The defendant faced up to matters immediately, said the solicitor, and is determined to put matters right and is facing the consequences today. The substantial sum meant he has no savings, and he apologises profusely to the victim and the gardai on the night in question.

The defendant had no memory of the incident and was shocked and disgusted when he was told what happened.

The defendant immediately cut off his association with other individuals.

A conviction would affect his efforts to get a visa to go abroad. It would affect his ability to travel and to work.

He was anxious to avoid a conviction.

Judge Kevin KIlrane said the defendant had maintained his aggression when the gardai arrived and he was “in that mood” and it continued so it was not just one lash out.

The assault was unprovoked, and the victim had no chance to defend himself.

The judge said he believed the charge could have been assault causing harm instead of the lesser common assault.

Judge Kilrane said the defendant was a big man of about six feet and 16 stone and the “type of power he can deliver is quite ferocious”.

The strength of the blow was “just shocking.”

The judge said he did not “buy” the excuse that the defendant’s drink was “spiked”. “It was spiked by more alcohol from himself and probably from other substances as well.” The judge said he did not accept that the defendant was in bad company either.

The defendant was 23 at the time and not a 17-year-old who could be lured into a group.

But there was no doubt but that he was the bad company on that night.

On the mitigation side, the defendant had no previous similar type convictions apart from a road traffic matter.

He had made an early plea, paid a significant amount of compensation and had apologised for his action through his solicitor.

The judge said the compensation gave weight to the apology. Mr Molloy asked the court not to impose a conviction. Judge Kilrane said the defendant was charged with public intoxication, threatening and abusive behaviour and assault.

He noted that the victim was very balanced in his statement to the court, made a fully recovery, was not putting the boot in as to his injuries, was not acting and if anything was understating the injuries he suffered. The judge said the defendant probably did not remember the incident and it might be out of character, but the courts must send out a message to people who are in this situation and it is going to cost them jail or very significant compensation.

The judge said he would leave the defendant without a criminal conviction. He said: “It will cost him a further sum of €3,000 to a charity. I will need it this day week.”

Mr Molloy said it will be very difficult.

Judge Kilrane said he had every confidence that the defendant will do it and he will get the Probation Act.