A MAN who was one of two men who beat up a former schoolmate and kicked him in the head while he was on the ground has been sentenced to 100 hours' community service.
Graham Devlin (21), of Old Court Drive, Bray, had been attending a pre-debs party at Vaults Nightclub when he and Kristian Breen were thrown out of the venue by bouncers after a fight broke out between them.
Mr Breen was left with a chipped tooth and required four stitches over his eye after he was attacked outside the club.
He also lost consciousness during the attack and sustained a fractured cheekbone, but neither Devlin, nor his co-accused, Patrick O'Brien, have been held responsible for the latter injury.
Devlin pleaded guilty at Dublin Circuit Criminal Court to assault causing harm to Mr Breen at the nightclub in Dublin's Irish Financial Services Centre on February 14, 2008. He had no previous convictions.
O'Brien (21) of Headview, Wheatfield, also in Bray, had previously received a 12-month suspended sentence and a fine after he was convicted of the charge following trial.
At a sitting of Dublin Circuit Criminal Court yesterday, Judge Katherine Delahunt said that although Devlin's counsel had submitted that the assault was something that arose from the abuse of alcohol, she did not regard this is as an excuse.
Sentencing Devlin to 100 hours' community service, Judge Delahunt said that he had paid €1,000 compensation to his victim and had been categorised as at a very low risk of reoffending.
Garda Lisa McCarthy said she arrived on the scene to find Mr Breen with blood on his face and in a dishevelled state.
He told her Devlin had pushed him in the nightclub and he had pushed him back. A scuffle broke out and he walked away, but Devlin followed him and punched him in his left eye and they were both thrown out of the club.
Mr Breen said he was sitting outside when Devlin came up to him and punched him again. He managed to defend himself and get away but he tripped and Devlin and O'Brien caught up with him. Garda McCarthy said Mr Breen was then kicked in the head while he was on the ground and lost consciousness.
Devlin was later arrested and told gardai he could not remember kicking the victim while he was on the ground but accepted that if eyewitnesses claimed he had, he must have done.
The court heard Devlin and the victim used to be in the same school but they never had any problem with each other.