A tattooist who took part in a punishment beating along with other masked members of a now disbanded biker gang has been given a five year sentence suspended on strict conditions and ordered to pay a further €6,375.
The sentence and fine was imposed at Galway Circuit Criminal Court yesterday by Judge Gerard Griffin who described the assault as a “severe and cowardly beating”.
At a sentencing hearing last week, the court heard how Jeremy Berger (28 ) with an address at Ballbriggin, Co Dublin, but formerly of Sandyview Drive, Riverside, Galway, had pleaded guilty to assault causing harm and possession of an article, namely pepper spray, with the intent to cause harm at BikeTech, Unit 1, Block 13, Ballybane Industrial Estate, on February 8, 2011.
Garda Patrick Foley had described how at 7.25pm gardai found the injured party with a number of injuries including a broken leg, ankle, and arm, as well as cuts to the back, head, and face. Four masked men had entered the premises and pepper spray had been used on the injured party before he was subjected to a vicious beating which included the use of iron bars. After his arrest Berger had told gardai that the assault had been orchestrated by another man, that it related to an upaid debt, and that he had thought it had been sanctioned by the main committee of the motorcycle club. Garda Foley stressed that Berger had not used iron bars, only the pepper spray, that he had been in the process of initiation into the motorcycle club, and had been “involved under false pretences”.
In order to have more time to examine a number of reports Judge Griffin adjourned the sentencing. When the case resumed yesterday, it was noted that Berger had already handed over a sum of €3,625 as a token of remorse. Defence barrister Brendan Browne explained that if given time his client would endeavour to come up with a further €6,375, giving a total of €10,000 for the injured party.
In summation of the case, Judge Griffin said that the defendant and the other biker gang members had “taken the law into their own hands”. He added that the assault had been “planned and premeditated” in which the injured party was subjected to a “prolonged beating”. However Judge Griffin took into account Berger’s early plea of guilty, that he made admissions to gardai eventually, co-operated with gardai, that he has expressed his remorse and moved away from Galway.
A sentence of five years in jail was imposed but was suspended for a period of five years on condition that Berger pay €6,375 by December 5, 2013, that he attend all probation service appointments and abide by all the directions given by the probation services, that he keep the peace and desist from further offending.
