A person who was the sufferer of an unprovoked assault involving three males in a Charlestown take-away was punched within the head and likewise kicked whereas on the bottom, Tubbercurry District Courtroom heard.
ach of the three males concerned handed over €500 in compensation to their sufferer, which was accepted by the person, who was additionally in courtroom.
The defendants, all with addresses in Charlestown, Co Mayo had been advised by Choose Sandra Murphy that she was contemplating a custodial sentence because of the very critical nature of their crime.
Charlie Ward (47) of Bracklagh, Charlestown, Martin Ward (24) of St Christopher Shut, Laveymore, Charlestown and Patrick Ward (21) of St Christopher Shut, Laveymore, Charlestown are all charged with assaulting Paul McManamon at Claudio’s Take-away, The Sq., Charlestown on December tenth 2019.
Sergeant Derek Butler stated that on the date in query at 12:30am that the incident occurred when Mr McManamon was ordering meals within the take-away.
The three males started calling him names and shouting at him, Charlie Ward poured water over his head and the boys started punching him within the face and he fell to the bottom and was kicked by Charlie Ward whereas on the bottom. The three males left.
Folks within the take-away got here to the help of the person and gardaí had been known as. They requested him to hunt medical consideration and he declined on the night time however he attended the next morning.
Choose Murphy famous the physician stated he obtained repeated blows in the course of the assault and just for individuals within the take-away stepped in and coming to his help, it stopped. The physician stated there was a attainable fracture to the person’s eye which he was involved about and he despatched him to hospital.
Sgt Butler stated the hospital medical report was not in courtroom and the choose stated she must know the accidents sustained in what she described was a particularly critical assault. She stated she wants to search out out if Mr McManamon had a damaged eye socket. She stated that was considerations her is the three defendants had obtained suspended sentences for assault on Could 26 2019. Martin Ward obtained 4 months suspended, as did Patrick Ward, whereas Charlie Ward was given a 2 months suspended sentence.
They’d additionally entered a bond to maintain the peace on the time, she stated they usually had been in breach of that bond which she stated was an aggravating consider sentencing. She stated she wanted an up-to-date medical report and Probation Report and was contemplating a custodial sentence because it was very critical.
The courtroom heard Martin Ward has 10 earlier convictions, Charlie Ward has 5 earlier convictions and Patrick Ward had 8 earlier convictions.
Defending solicitor for Charlie Ward, Mr John Anderson stated his consumer was 39 years previous and single. He lives together with his dad and mom and admitted his guilt. He paid €500 in compensation and does apologise to the sufferer and wished him to reiterate that.
Mr Tom MacSharry, solicitor for Patrick Ward stated his consumer had written a letter of apology and on the final event had paid €500 in compensation. He stated he wished to apologise in courtroom and he turned to the sufferer and stated ‘I’m sorry’. Mr MacSharry stated he had nothing to worry from him. He stated he was a person in his early 20s who had underlying psychological well being points and was abusing alcohol on the time. He was not taking alcohol and was anticipating a baby together with his companion within the close to future. He requested Choose Murphy if she may take into account a sentence that will not embody jail.
Mr Morgan Coleman, solicitor for Martin Ward stated his consumer wished to furnish an apology and he stated to Mr McManamon that he was ‘actually sorry’. He advised his solicitor he has nothing to worry from him.
He was 24 years previous and the daddy of three younger youngsters who alongside together with his spouse was their major carer. He stated as soon as he drinks he loses management and was not taking alcohol. He was very remorseful and requested the courtroom to be as lenient as attainable.
Choose Murphy requested Sgt Butler if it was an unprovoked assault and he replied it was fully unprovoked and the injured celebration by no means contributed to it. He had merely gone into the take-away to order meals. He didn’t wish to give a Sufferer Influence Assertion and was blissful for the courtroom to take care of it. He requested if the sufferer will be excused on the subsequent courtroom date and the choose agreed. She stated she wished to make it very clear this man has nothing to worry and was advised he hasn’t.
The matter was adjourned to November for a Probation Report on every of the defendants.
