Man gets suspended sentence for nightclub assault
Man who contested assault admits under questioning ‘I could have done it’
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.