Man gets sus­pended sen­tence for night­club as­sault

Man who con­tested as­sault ad­mits un­der ques­tion­ing ‘I could have done it’

The Kerryman (North Kerry) - - NEWS - By COURT REPORTER

A MAN who struck another male, break­ing his nose, in a late-night as­sault in a night­club in Lis­towel dur­ing New Year cel­e­bra­tions in 2017 was given a four-month sus­pended sen­tence at Lis­towel Dis­trict Court on Thurs­day.

Adrian Stack (31), Glasha, Athea, pleaded not guilty, be­fore Judge David Wa­ters, to a charge of as­sault caus­ing harm to Shane O’Ma­hony at the Mer­maids Night­club in Lis­towel on Jan­uary 2 of 2017. Mr O’Ma­hony told the court that he was walk­ing through the smok­ing area on his own when he was sud­denly ‘punched in the face’ - he said he then fell back with a bloody nose.

Mr O’Ma­hony told pros­e­cut­ing gar­daí that he had seen the man who had hit him, did not know him but noted his dis­tinc­tive blue t-shirt and a ‘red­dish beard’.

Mr O’Ma­hony spoke to gar­daí out­side the night­club about the in­ci­dent and, feel­ing ‘fine’, re­turned into the night­club but later took dizzy amid sud­den pain. An am­bu­lance at­tended, and Mr O’Ma­hony un­der­went surgery for a bro­ken nose a week later, the court heard.

Un­der ques­tion­ing by Mr Stack’s so­lic­i­tor Michael Lane, Mr O’Ma­hony ad­mit­ted he did not see the punch com­ing but that it had to have been Mr Stack who threw it as he was stand­ing di­rectly in front of him.

“My client would say he did not hit you,” Mr Lane said. “No, 100 per cent it was him.” Jason Galvin wit­nessed the in­ci­dent up close, telling Judge Wa­ters that he iden­ti­fied Mr O’Ma­hony’s blue t-shirt-wear­ing as­sailant to se­cu­rity men on the night.

CCTV showed se­cu­rity men es­cort­ing the man iden­ti­fied by Mr Galvin out of the Mer­maids, and of the man speak­ing to gar­daí out­side the premises.

“I wouldn’t doubt that the per­son I iden­ti­fied to the bouncer was the per­son who threw the punch,” Mr Galvin said un­der ques­tion­ing by Mr Lane.

Mr Stack told the court that he had been drink­ing since ear­lier in the day and did not re­mem­ber the pe­riod in the smok­ing area. “You could have punched some­one in the face you just don’t re­mem­ber?” gar­daí asked him.

“I could pos­si­bly have I sup­pose,” Mr Stack said.

Judge Wa­ters said he was sat­is­fied the ev­i­dence pre­sented es­tab­lished Mr Stack as the as­sailant; de­scrib­ing the un­pro­voked na­ture of the as­sault and pre­vi­ous con­vic­tions Mr Stack had as ‘ag­gra­vat­ing fac­tors’. How­ever, he said Mr Stack’s ad­mis­sion in the stand was in his favour. The Judge im­posed a four-month prison sen­tence sus­pended for a year.

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