Man's jaw broken in assault at nightclub
A FATHER of one who left another man with a fractured jaw and a broken nose in what a court heard was his third serious assault in five years received a suspended jail sentence this week.
Patrick Sheehy of 25 Hillside Drive, Athea, had the jail term suspended at Castleisland District Court on condition that he pays €1,500 to his victim and an additional €1,500 to the court poor box before October 28 of this year.
Superintendent Michael Maher told the court that the complainant, named in court as Stephen Liston, told gardaí that he was in the bar at Ruby's nightclub on November 22, 2008, when he was 'set upon' and received a number of blows from the defendant. A medical report confirmed that Mr Liston suffered a broken nose and a fractured jaw.
Supt Maher also criticised management of the nightclub who, he said, ejected the injured man on the night without seeing to his injuries.
He added that when Mr Sheehy was contacted by gardaí about the allegation he called to Listowel garda station and admitted the assault.
The court was told that Mr Sheehy has two previous convictions for assault causing harm dating back to 2005 at Abbeyfeale District Court. Both assaults arose from one incident and he received 160 hours community service, the court heard.
Defence for Mr Sheehy, Pat Enright, said that his client had received 'an awful lot of provocation' on the night in Ruby's, including comments that 'he was a dead man' and references to his brother whom the other group had previous run ins with.
He insisted that what happened was ' a fair, stand up fight' and that his client was also put out of Ruby's nightclub on the night.
Mr Enright said that his client, who worked with a concrete firm, was likely to be facing a civil action for damages by the injured party and therefore felt it would be inappropriate for the district court judge to order he pay compensation.
Judge James O'Connor said that Mr Sheehy had better change his attitude to paying compensation very quickly, before warning him that a third charge of assault was very serious and should merit a jail sentence.
Judge O'Connor imposed a four month prison sentence but suspended it on condition that he pay €1,500 to his victim and an additional €1,500 to the court poor box before October 28 of this year. The €1,500 compensation is to be taken into account in any civil claim ruling, he said.
- COURT REPORTER
