A 45-YEAR-old painter and decorator from Belgooly who assaulted a man he accused of having an affair with his wife, has been sentenced to six months in prison.
Alan Murphy, 28 Cluain na Noir, Belgooly pleaded guilty to assault causing harm at a recent sitting of Kinsale District Court.
Supt Liam Horgan told the court that on January 23rd 2016 Finbarr Lordan was out socialising in Belgooly when he met the defendant, who is a neighbour of his, and they had a few drinks.
Having left one bar and gone to another, the defendant, while out having a cigarette, accused Mr Lordan of having an affair with his wife.
Supt Horgan said that the defendant knocked Mr Lordan to the ground and kicked him until a friend separated them.
The court was told the assault recommenced when Mr Lordan went across the road and he was kicked and hit again and that he fell against a parked car and hit his head.
While he was on the ground, the defendant continued to kick him. Following the assault Mr Lordan went home and complained of minor cuts and a split lip and it was only later that he went for a medical examination and was taken to CUH.
Supt Horgan said the defendant was interviewed later by gardaí about the assault and he admitted it and that CCTV shows him assaulting Mr Lordan.
The court was told that the defendant has no previous convictions and that he co-operated with gardaí.
A medical report was handed in to Judge James McNulty to read.
Solicitor Dan Leahy said his client has never been in trouble before and he accepts that it was wrong to assault Mr Lordan.
‘It was one incident as opposed to follow-ups and there was a degree of provocation and the situation has been festering for a while,’ he said.
‘My client lost his temper following taunting and he accepts what he did was wrong and it was completely out of character and he co-operated fully and apologised to the injured party,’ said Mr Leahy.
‘He has met the charge fairly and he works as a painter and decorator and has already lost a lot of work in the area and may lose more as a result of this case.’
Alan Murphy told Judge McNulty that he wanted to apologise for the assault and said the last year or two have been hell for him.
‘It was a moment of madness and I made a mistake and I’m so sorry,’ said Mr Murphy.
Judge James McNulty said that it’s all very unfortunate and that random acts of violence are sadly too often seen in Irish social life, particularly where bars and clubs are involved, where normal controls are relaxed.
‘It is the view of this court that public order offences should be dealt with harshly. This was a serious assault near a licensed premises and the court thinks a fine or community service would not be appropriate,’ said Judge McNulty.
Judge McNulty sentenced the defendant to six months in prison and ordered him to bring compensation of €2,000 to the court.
‘You may think this is harsh, but the message is the same to all around Kinsale and sadly today is the day for severity.’
Recognisances in the event of an appeal were fixed in the defendant’s own bond of €100.