Andrew Carey
THE Court of Criminal Appeal has reserved its decision in the case of a Limerick man who has appealed the severity of a 15 year prison sentence for a violent attack on a schoolboy three years ago.
Adam Fitzgibbon (18) of Lisanalta, Dooradoyle, Limerick, had been charged with the attempted murder of his victim that he attacked outside a Corbally petrol station on July 23, 2010.
Fitzgibbon, who had been placed in the care of the HSE on the same day, left his victim with permanent brain damage after repeatedly “dancing” on his head.
At the Central Criminal Court a guilty plea to the lesser charge of intentionally causing serious harm to the 16 year-old boy was accepted. Fitzgibbon said he was under the influence of drink and drugs.
CCTV footage captured Fitzgibbon repeatedly kick the schoolboy in the head as he lay on the ground.
Before it was shown in court, Mr Justice Paul Carney warned that the footage contained violent scene but it was “essential to appreciate the ferocity of the gratuitous kicking of the head” of the victim.
At the time of the court hearing, the Limerick Post learned that Fitzgibbon had mistakenly identified the victim as a witness who had given evidence against his friend and convicted murderer, John O’Loughlin, weeks earlier.
It is understood that the Fitzgibbon stopped at the service station with his HSE workers to get a soft drink as they were en route to a care home in Clare when he saw the victim sitting outside the shop.
Seconds before the violent attack, Fitzgibbon said “You got my friend locked up for life”.
The victim, who was kicked and stamped 65 times, punched over 25 times and was twice stamped on the chest, had attended the O’Loughlin murder trial but did not have any part in the case.
Fitzgibbon was jailed for 15 years for the attack with the final three years suspended.
Defence counsel are now appealing the severity of the sentence on the grounds that Mr Justice Paul Carney was wrong to exclude the consumption of the intoxicants in mitigation.
The court has reserved its decision on the basis of the complex issues raised by the case.
