News Courts

Wednesday 17 September 2014

Assault victim doesn't want 'culprit with a conscience' jailed

By Ben Haugh

Published 21/03/2013 | 16:47

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Carter (Assault victim Thomas) RE: Declan McGowan sentencing adjourned for assault causing serious harm, Dublin Circuit Criminal Court, 21-3-13
Pic shows: Scar on the side of the head of assault victim Thomas Carter as he left  court yesteray (Thurs.) where Declan McGowan sentencing was adjourned for assault causing serious harm to him in the Grafton Street area in May, 2011.
Pic: Courtpix
Scar on the side of the head of assault victim Thomas Carter as he left court. Photo: Courtpix
Pic shows: Assault victim Thomas Carter leaving Dublin Circuit Criminal Court yesterday (Thurs.) 21-03-2013 after Declan McGowan sentencing was adjourned.
Re: Declan McGowan (24), of North Circular Road, Dublin arriving at Dublin Circuit Criminal Court yesterday (Thurs.) where his sentencing was adjourned for assault causing serious harm to Thomas Carter in the Grafton Street area in May, 2011.
Pic: Collins Courts.
Assault victim Thomas Carter leaving Dublin Circuit Criminal Court. Photo: Collins Courts

A STUDENT who suffered brain injuries and required 41 stitches to the head after an assault on Grafton Street has told a court he doesn't want his attacker to go to prison.

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Declan McGowan (24) was convicted of assault causing harm to Thomas Carter last February but acquitted of the more serious charge of assault causing serious harm.

 

Mr Carter required brain surgery and suffered from bleeding within the skull after being punched and hitting his head on the ground.

 

At the sentence hearing today the court heard that Mr Carter does not want McGowan to be jailed.

 

He described his attacker as a “culprit with a conscience” and noted that he had checked on his condition in Beaumont Hospital and apologised in person.

 

McGowan, of North Circular Road, Dublin, pleaded not  guilty at Dublin Circuit Criminal Court to assault causing serious harm on May 29, 2011.

 

He was acquitted after the jury could not find sufficient evidence that McGowan caused the serious harm. The jury convicted him of assault causing harm after the charge was introduced during the trial.

 

Garda Amy Kelly told Garret Baker BL, prosecuting, that Mr Carter and two friends had been drinking following the Champions League final.

 

An argument developed between Mr Carter and a rickshaw driver on Grafton Street when two of his friends ran away without paying. During the argument, Mr Carter knocked the drivers hat off his head.

 

McGowan then “came out of nowhere” and punched Mr Carter who fell and knocked his head against the ground. McGowan was a friend of the rickshaw driver and mistakenly thought Mr Carter had struck him.

 

McGowan then walked away as the victim lay unconscious. He was chased by a friend of Mr Carter’s and there was another altercation before McGowan left the scene.

 

The court heard that McGowan became worried about his victim and ran to a nearby ambulance to report the head injury.

 

Mr Carter regained consciousness and went to his girlfriend’s house. The gardai were not alerted on the night.

 

The victim later became unwell and started vomiting. He was brought to hospital by ambulance but released the next morning. He again became ill and brain scans revealed bleeding within the skull.

 

An operation was carried out and Mr Carter required 41 staples afterwards.

 

A complaint was later made to gardai and a media campaign was launched to identify the attacker.

 

When McGowan heard about the seriousness of Mr Carter’s condition, he rang Beaumont Hospital and contacted an Evening Herald reporter to check up on him.

 

He was arrested soon afterwards. During interview he admitted punching the victim put claimed he was defending his friend, the rickshaw driver.

 

McGowan, who is an amateur boxer, was reduced to tears when shown photos of his victim’s injuries and vowed never to punch anyone ever again.

 

He told gardai: “If I had of known it would come to this, I never would have touched him.”

 

Conor Devally SC, defending, commended Mr Carter for adding an extra section to his victim impact statement detailing why he doesn't want McGowan to be jailed.

 

He described his attacker as a “culprit with a conscious” and noted that he had checked on his condition in Beaumont Hospital and apologised in person.

 

“I wouldn’t like to see him go to prison,” Mr Carter said.

 

Mr Devally pointed out that his client said he would gladly take the scar from his victim's head and put it on his own, if he could.

 

Judge Patricia Ryan adjourned sentencing until May and ordered a probation report.

 

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