A man stabbed in the back with a pair of scissors, and then set upon by a group of youths as he lay defenceless on the ground, could have ended up in a wheelchair if the stab wound was just 1cm lower, the Galway Circuit Criminal Court heard yesterday.
Judge Raymond Groarke described the assault as a “vicious and cowardly attack on a defenceless man”. Stephen Bailey (20 ) with an address at 15 An Fiodan, Doughiska, was sentenced to three years with the last two years suspended for the stabbing at Eyre Square on October 14, 2007. His cousin and co-accused Shane Bane (20 ) with an address at 14 Cullairbaun, Athenry, received a 12 month suspended sentence and was ordered to pay €3,000 in compensation for assault causing harm at Abbeygate Street Lwr, on the same date.
Sgt John Ryan gave evidence that an incident at CPs night club involving “pushing and shoving” had occurred between Bane and injured party, Mike Carberry. Between 2.30 and 2.45am Mr Carberry left and walked to the Ulster Bank ATM in Eyre Square. He then saw a male approach and felt what he thought to be a punch to his back. However when Mr Carberry turned around he saw a “sharp instrument” in his attacker’s hand. Mr Carberry then ran down Shop Street pursued by a group of youths and collapsed outside Powell’s shop at Abbeygate Street. While lying on the ground he received kicks from the same youths. Gardai obtained CCTV footage which showed a man being pursued by three youths, including the two defendants and a juvenile.
Referring to the medical records, state barrister Conor Fahy said that the victim, now 23-years-old, had been in considerable pain due to an incised wound to the lower back and two lacerations to the head. The victim impact report revealed that Mr Carberry had been told by a doctor that if the stab wound had been 1cm lower he would have ended up in a wheelchair. Mr Carberry had also suffered from severe panic attacks for the first two months after the incident, never socialises in Galway anymore, and instead chooses to return home to Longford at the weekends.
Sgt Ryan explained that Bailey had admitted to using “scissors” in the attack. He said that the scissors were then discarded at Ceannt Station and were never found. Sgt Ryan said that, while Bane had no previous convictions, Bailey had five which included a sentence he is currently serving for criminal damage, obstruction, threatening and abusive behaviour, and failing to appear, in January of this year.
Barrister for Bailey, Ms Geri Silke BL, said that her client had been an art student and had the scissors in his pocket because of an art class. She added that Bailey did not have a previous conviction at the time and that he had been affected by his parents’ separation.
Mr Conall McCarthy BL said that Bane had been out socialising and had coincidentally met his cousin. He said that Bane had followed the group of youths down Shop Street to where the injured party was lying and “threw a few kicks”. Mr McCarthy said that Bane is a keen sportsman and has represented Ireland in judo.
After hearing the evidence Judge Groarke said that he not only had to punish the defendants but he had to ensure that “other young cowardly thugs” are deterred from doing the same. In the case of Bane, Judge Groarke said that he had shamed the art of judo which has regulations of excellence regarding involvement in violence. He then imposed the 12 month sentence, suspended fully on condition that Bane enter a bond to be of good behaviour and keep the peace for two years and that €3,000 in compensation be paid before November 1.
In the case of Bailey Judge Groarke said that by carrying scissors there was a certain amount of “premeditation”. He imposed a term of imprisonment of three years with the last two years suspended on condition that he enter into a bond to be of good behaviour and keep the peace for three years following his release. Other conditions included that he not commit an offence, co-operate with the Probation Services, and engage in alcohol treatment and anger management services.
