Man (36) delivered potentially ‘murderous kick’ in nightclub
A 36-year-old man delivered a potentially ‘murderous kick’ to another man in a nightclub knocking out one of his teeth and fracturing his nose, Sligo Circuit Court has been told.
Liam Moran of Oak Park, Maugheraboy pleaded guilty to assault causing harm to Derek Feeley at Lola Montez nightclub on October 30 th, 2017.
Garda Rory Guinan told the court Mr Feeley was out with friends at the nightclub and while standing at the edge of a dance floor Moran squared up to him and said something along the lines of ‘You are looking at my woman’.
Moran punched the man, knocking him to the ground, and he then kicked him at least three times to the head and face.
Mr Feeley received medical attention and then went to Sligo Garda Station to report the assault. Garda Guinan said he had blood coming from his face and nose and one tooth was missing, with others loose.
An ambulance was called and he later made a statement.
A medical report read into the court detailed Mr Feeley’s missing tooth and displaced teeth which required emergency dental work.
He sustained fractured nasal bones, superficial wounds to his eyebrow and lip and had significant difficulty opening his mouth.
In a victim impact statement Mr Feeley detailed he was currently at a financial loss of €9,036 as a result of the assault, with costs ongoing.
Mr Feeley said he lost confidence, became isolated, had flashbacks and suffered from Post
Traumatic Stress Disorder.
He had to start his life over again, changed career and suffered the breakdown of relationships, including the end of an engagement.
A report from a consultant psychiatrist said Mr Feeley suffered post concussion syndrome, secondary depression and anxiety and withdrew from work and relationships.
The former wind turbine engineer was due to start a contract in Germany after the assault but as a result did not.
Civil court proceedings are being pursued by Mr Feeley. CCTV of the assault was viewed by Judge Comerford.
The court was told Moran brought €4,000 to court as a gesture of remorse.
Representing Moran, Mr Keith O’Grady, BL, instructed by Ms Laura Spellman told the court his client had never come to the attention of gardaí and had a very responsible job at a Government building which required garda vetting. Mr O’Grady outlined that due to the manner of the offence his client could lose his job.
He said Moran interacted with Mr Feeley on the night in a alcohol-fueled haze and thought the victim was making an advance on his partner on the night in question.
Moran apologised in court and said the victim did not deserve it.
He said he had in excess of 20 pints on the night and when he entered the club he found his partner and there was an interaction between her and the victim and he told Mr Feeley, not to ‘act the pervert’.
The court was told Moran is the primary carer of his son and was going through a difficult period of his life when he committed the assault.
Judge Francis Comerford said Mr Feeley’s life had been altered by the assault and said the matter he was really sentencing was the ‘potentially murderous kick’ to the head of the victim.
The judge said the kick fell on the highest end of a Section 3 assault and indicated a headline sentence for the offence at four and a half years in prison.
Taking into account mitigating factors, the judge noted Moran was going through a difficult time when it took place and gave regard to the fact he had led a productive life and raised a sum of money as a gesture of remorse.
Judge Comerford indicated he would put the matter back to allow Moran raise further monies to make a substantial payment to the victim.
He outlined if Moran was of good behaviour for a period of one year and raise monies he would impose a three year prison sentence, with a view to community service in lieu of the prison term.
The matter was adjourned to October 6 th next where it will be further adjourned to the 2021 court sittings for sentencing.
MORAN APOLOGISED IN COURT AND SAID THE VICTIM DID NOT DESERVE IT. HE SAID HE HAD IN EXCESS OF 20 PINTS ON THE NIGHT.