A man who knocked out six of a stranger’s teeth with an unprovoked headbutt in an Athlone nightclub causing €5,500 worth of damage, was sentenced to eight months in prison at the District Court this week (November 1 ), but was allowed leave the court at the end of proceedings as he made bail and appealed his sentence.
Had Jonathan Murphy (28 ), of Cushlawn Park, Killenarden, Tallaght, Dublin 24 left the scene after he was ejected by the staff of Coppers nightclub, Custume Place, he would not have faced this charge, but instead he chose to attempt to re-enter the premises by kicking the front door and was arrested.
In court on Monday Murphy pleaded guilty to two public order charges but pleaded not guilty to the charge of assault causing harm. Because of this the prosecution took the unusual step in a District Court of setting up three televisions for the judge, witness box, and defence solicitor to show the relevant CCTV footage throughout the case.
Garda Shane Hickey told the court how he had been called to Coppers in the early hours of March 14 to arrest the defendant who was “very intoxicated”.
“The same night we received a complaint of a serious assault in Coppers, and we’re satisfied the offender was the same Jon Murphy,” said Garda Hickey.
Murphy’s solicitor, Mr Gerry Gallagher, told the court his client had no recollection of the alleged incident and had blacked out “on account of anti-anxiety medication”, whose doseage had recently been increased by 50 per cent.
The injured party, a local taxi driver called David Moran, gave evidence how he had been out with his wife on the night in question when the defendant had, uninvited, got between them on the dancefloor. He pointed to the TV screen at the footage of Murphy then putting him in a headlock before inflicting the unprovoked assault. Mr Moran told the court how four front teeth and two incisors had been damaged in the attack, and that he had to go to University College Hospital Galway for treatment, the total cost of which to date was given at €5,500. Photographs of the damage were handed into the judge.
Mr Moran’s wife, Andrea, and three members of the nightclub staff all gave evidence in support of this.
In his defence, Murphy said he suffers from anxiety attacks, was on medication for this on the night in question, and admitted to having drank at least seven drinks.
“It says on the box I shouldn’t drink much,” he conceded. He accepted he hadn’t been invited into the Moran’s company, and also that he had put his arm around Mr Moran: “but I wouldn’t call that a headlock”.
In cross-examination from Inspector Fergus Treanor, Murphy conceded his behaviour on the night was “unacceptable”, and agreed he was “out of control on the night”.
“I don’t accept I headbutted him intentionally,” said the defendant.
Judge David Anderson was not convinced and said: “The accused has not managed to stir any doubt in my mind”, and he convicted.
“I take it compensation is not on offer,” said the judge after hearing Murphy was unemployed and recently separated.
“You have caused appalling injuries to Mr Moran which look like he’ll be reminded of for the rest of his life,” said the judge as he sentenced Murphy to eight months in jail.
