A COUNTY Limerick man’s birthday luck was in when he walked free from court after a judge suspended a prison sentence, taking in to account the time served, over an assault where the victim was left in intensive care with multiple facial fractures.
Gary O’Brien of 13 Ash Crescent, Gorthboy, Newcastle West, County Limerick, turned 21 this Monday, the same day he was before Judge Tom O’Donnell to be sentenced for his role in a serious assault carried out in November 2014.
Detective garda Joseph O’Sullivan of Newcastle West Garda Station told Limerick Circuit Court that two men, Stephen Daly and Terry Kavanagh went out drinking on November 19, 2014.
The next day, Stephen Daly would be fighting for his life in intensive care at University Hospital Limerick after two fights, with the same people on the same night.
In his evidence, Det Gda O’Sullivan said that Mr Daly met the accused man, Gary O’Brien and others in Newcastle West at around 8:30pm and a confrontation developed.
He told the court that CCTV footage captured a fight before Mr Daly and Mr Kavanagh left and went back to the Ash Crescent housing estate.
However, on his return, Stephen Daly encountered two men, one was armed with a stick, who began assaulting him before he fell to the ground where the assault continued.
During the attack, Stephen Daly was struck by a Red Toyota Yaris, the court heard, and this caused him further injury.
Witnesses said that the saw two men, one of which was Gary O’Brien, “swinging their arms and beating Stephen Daly as he lay defenceless on the ground”.
Another man intervened and pushed the assailants off and the emergency services were called when the extent of Stephen Daly’s injuries could be seen.
Daly had suffered multiple facial fractures including lacerations to his eye, cheek and jaw and doctors feared that his unstable condition may cause further difficulties so he was placed on intubation before being transferred to the intensive care unit.
CT scans showed that while Stephen Daly did not suffer any brain or spinal injury, it did show “significant complex fractures of facial bones”.
The victim also suffered a collapsed lung, internal bruising as well as bleeding in the abdomen, a lacerated spleen with associated leakage and a fractured foot, the court heard.
Gary O’Brien was later identified, arrested and charged with the offence of assault causing harm.
Prosecution counsel for the State Michael Collins said that Mr Daly did not contribute any more to the investigation and on the day the case was listed for trial in May 2015, neither of the witnesses, including Mr Daly, turned up for court. A bench warrant is still in existence for another witness, the court heard.
However, Mr Collins said that Gary O’Brien pleaded guilty thereafter.
In his interviews to gardai, O’Brien said that didn’t realise how bad the injury was to Stephen Daly as a result of the assault, adding “I’m sorry I didn’t listen to my father”.
The court heard that Gary O’Brien was in custody since December last year after his bail was revoked due to breaches of his curfew.
Defence counsel Brian McInerney said that O’Brien, who had no previous convictions, had “benefited from a lengthy taste of prison and that is something that I hope the court will take in to account given that it is his first offence.
In his judgement, Judge Tom O’Donnell said that victim was left with serious facial injuries and complex fractures as a result of the attack but that the “trial was obviated by the plea of guilty.
“Two witnesses didn’t appear, one has an outstanding bench warrant and is still at large, the other just didn’t turn up – this has to be considered by the court also.”
Judge O’Donnell added that notwithstanding, “this is a serious charge where serious injury was caused and this type of violence in not acceptable in a civilised society.
Gary O’Brien was sentenced to two years in prison, but Judge O’Donnell suspended the last 18 months for 18 months and gave the 21-year-old credit for the time he had already served on remand.
Warning him on his birthday and just moments before he was released from custody, Judge O’Donnell said that “if you are in any trouble you will be back before the courts, and you will have to face the music”.
