‘Red mist descended' after taking phone call

May 17th, 2017 2:02 PM

By Southern Star Team

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DESPITE claims that the accused was provoked by the sight of his girlfriend in bed with another man, Judge James McNulty said a €500 fine for assault was, in the circumstances, lenient.

Krzystof Dabrowski (21) of No 6, Market Street, Bantry, pleaded guilty to assaulting Aaron Barry, causing him harm on the night of October 11th 2015.

Evidence in the case had been given at a previous court, but the matter was adjourned to allow the accused time to pay €2,000 compensation to Aaron Barry, who sustained a facial injury and needed extensive dental treatment.

The accused addressed Judge McNulty saying: ‘I want to take responsibility for my actions. That is why I paid the money. What I did was absolutely ridiculous. I have no excuse for what I did.’

After reading the probation officer’s report, Judge McNulty said he understood that the accused’s mother had passed away the month before the assault took place, and that her passing has had ‘a devastating effect on him.’ The judge also took into account the fact that the accused has a good employment record and references, and had shown genuine remorse for his actions. 

Judge McNulty said that those elements combined with the fact that he is in college, continues to work part-time, and is a support to his father, meant that he would be dealt with by way of a fine.

Solicitor Ray Hennessy argued his client had ended up facing a Section 3 assault charge after an ‘orchestrated’ encounter. 

Mr Hennessy said: ‘His girlfriend rang him while in bed with someone else. If that isn’t orchestrated, I don’t know what is. When Krzy came around to the house, the red mist descended on him, as it would any red-blooded man.’

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