Wednesday 21 November 2018

Man who 'seriously' assaulted victim in pub and left him in a coma for 16 days avoids jail

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Stock picture

Sarah-Jane Murphy

A home care worker who attacked a man in a bar, fracturing his oesophagus and causing him to be placed in an induced coma, has avoided a jail sentence.

Oleksander Zavhorodniy (42) punched Guillaune Demarest several times following a verbal altercation in Cafe En Seine, Dawson Street, Dublin 2 on June 11, 2016.

Zavhorodiny, of Moreen Park, Sandyford, Dublin pleaded guilty at Dublin Circuit Criminal Court to assault causing serious harm.

The court heard that during the 20-second attack, Zavhorodiny struck Mr Demarest in the head and the throat, fracturing his oesophagus and causing an injury to his forehead that required eight stitches.

Judge Patricia Ryan said that the “very serious assault” left the victim with no memory of the night in question and necessitated doctors putting him in a medically-induced coma for 16 days.

Eamonn O'Moore BL, defending, said that Zavhorodiny had brought €4,000 to court by way of compensation to the victim, and that this had been accepted by Mr Demarest.

Sentencing Zavhorodiny today, Judge Ryan said he must be given credit for remaining at the bar until gardaí arrived, for his genuine remorse and the fact he had no previous convictions.

She said his guilty plea and the fact he acted completely out of character must also be taken into account when deciding an appropriate punishment.

However, she said Zavhorodiny committed a very serious offence that caused substantial injury and financial loss to Mr Demarest, a French national.

Judge Ryan sentenced the defendant to two years in prison, which she suspended for a period of two years on a number of conditions.

She instructed him to be of good behaviour and warned that he should endeavour not to come to the attention of the gardaí during this time.

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