Chipper assault trio lucky to avoid jail

Three men involved in a street assault that saw their victim temporarily blinded by a kick in the face were told in court this week (February 1 ): “If they had any previous convictions they would’ve gone to prison today”, and warned “they could be faced with a substantial civil claim in the future”.

The court heard how Brian Dowling (23 ), of St Colman’s Park, Baylough; Scott Quinn (24 ), 6, Ballinahown, Athlone; and Alan O’Hanlon (24 ) Sarsfield Square were all involved to varying degrees in the assault on Kieran Lynch outside Supermacs in Irishtown at 1.30am on February 21, 2011.

Inspector Aidan Minnock told how the injured party and his girlfriend were sitting on a nearby wall and there had been an exchange with Quinn over cigarettes. When he returned with the other two defendants and saw Mr Lynch in the chippers, Quinn invited him outside and set upon him.

The court heard how Quinn threw punches at Mr Lynch, and that when he fell Dowling “drew a full kick into the face of the injured party”.

O’Hanlon, who had been in the toilets, arrived late, tried to swing a box in the altercation, but was restrained by doorstaff, the court heard.

Mr Lynch told Judge Seamus Hughes how he had been hospitalised on the night in question, had fractured his eye socket, had been partially blind for three weeks, and that his eyesight had deteriorated since the assault.

Judge Hughes noted that in the medical report there was no mention of a fracture, the soft tissue injury was described as “moderate”, that Mr Lynch had made a full recovery, he had missed two doctor’s appointments, and that there was an outstanding civil action pending.

Defending O’Hanlon, who hadn’t actually hit the injured party, but who had a number of previous convictions for public order offences, Mr Dara Hayden said his client had “foolishly got involved without knowing anything about it”.

“The injured party had got up from the ground and this fellow decided to apply the coup de grace,” said the judge.

“They were like a pack of hyenas around this man...three little thugs attacking an innocent person,” he added.

“This was a planned attack on a young man. Can you convince me otherwise?... This was a typical serious Friday night row,” said the judge.

He noted there was a “huge discrepancy between the medical report and what he [Mr Lynch] said in the box today”, before he passed judgement and fined each €400.

All three also made compensation payments of €250, €500, and €1,000 to Mr Lynch in line with their level of involvement in the assault.

 

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