A man who was the victim of an unprovoked assault involving three men in a Charlestown take-away was punched in the head and also kicked while on the ground, Tubbercurry District Court heard.
Each of the three men involved handed over €500 in compensation to their victim, which was accepted by the man, who was also in court.
The defendants, all with addresses in Charlestown, Co Mayo were told by Judge Sandra Murphy that she was considering a custodial sentence due to the very serious nature of their crime.
Charlie Ward (47) of Bracklagh, Charlestown, Martin Ward (24) of St Christopher Close, Laveymore, Charlestown and Patrick Ward (21) of St Christopher Close, Laveymore, Charlestown are all charged with assaulting Paul McManamon at Claudio’s Take-away, The Square, Charlestown on December 10th 2019.
Sergeant Derek Butler said that on the date in question at 12:30am that the incident occurred when Mr McManamon was ordering food in the take-away.
The three men began calling him names and shouting at him, Charlie Ward poured water over his head and the men began punching him in the face and he fell to the ground and was kicked by Charlie Ward while on the ground. The three men left.
People in the take-away came to the aid of the man and gardaí were called. They asked him to seek medical attention and he declined on the night but he attended the following morning.
Judge Murphy noted the doctor said he received repeated blows during the attack and only for people in the take-away stepped in and coming to his aid, it stopped. The doctor said there was a possible fracture to the man’s eye which he was concerned about and he sent him to hospital.
Sgt Butler said the hospital medical report was not in court and the judge said she needs to know the injuries sustained in what she described was an extremely serious assault. She said she needs to find out if Mr McManamon had a broken eye socket. She said that was concerns her is the three defendants had received suspended sentences for assault on May 26 2019. Martin Ward received 4 months suspended, as did Patrick Ward, while Charlie Ward was given a 2 months suspended sentence.
They had also entered a bond to keep the peace at the time, she said and they were in breach of that bond which she said was an aggravating factor in sentencing. She said she needed an up-to-date medical report and Probation Report and was considering a custodial sentence as it was very serious.
The court heard Martin Ward has 10 previous convictions, Charlie Ward has 5 previous convictions and Patrick Ward had 8 previous convictions.
Defending solicitor for Charlie Ward, Mr John Anderson said his client was 39 years old and single. He lives with his parents and admitted his guilt. He paid €500 in compensation and does apologise to the victim and wanted him to reiterate that.
Mr Tom MacSharry, solicitor for Patrick Ward said his client had written a letter of apology and on the last occasion had paid €500 in compensation. He said he wanted to apologise in court and he turned to the victim and said ‘I’m sorry’. Mr MacSharry said he had nothing to fear from him. He said he was a man in his early 20s who had underlying mental health issues and was abusing alcohol at the time. He was no longer taking alcohol and was expecting a child with his partner in the near future. He asked Judge Murphy if she could consider a sentence that would not include prison.
Mr Morgan Coleman, solicitor for Martin Ward said his client wished to furnish an apology and he said to Mr McManamon that he was ‘really sorry’. He told his solicitor he has nothing to fear from him.
He was 24 years old and the father of 3 young children who along with his wife was their primary carer. He said once he drinks he loses control and was no longer taking alcohol. He was very remorseful and asked the court to be as lenient as possible.
Judge Murphy asked Sgt Butler if it was an unprovoked attack and he replied it was completely unprovoked and the injured party in no way contributed to it. He had simply gone into the take-away to order food. He didn’t want to give a Victim Impact Statement and was happy for the court to deal with it. He asked if the victim can be excused on the next court date and the judge agreed. She said she wanted to make it very clear this man has nothing to fear and was told he hasn’t.
The matter was adjourned to November for a Probation Report on each of the defendants.