Man sentenced for 'unforgivable vicious assault' in Dunboyne

THE jury in the trial of a Dunboyne man who admitted hitting a 55-year-old retired engineer in a public park, but pleaded not guilty to assault causing harm claiming it was self-defence, returned a verdict of guilty at Trim Circuit Court.

Francis Hand (38), with an address at Castleview, Dunboyne, pleaded not guilty to assaulting Patrick McDonnell of 8, The Park, Dunboyne Castle, Dunboyne, causing him harm, at the public park in Dunboyne on 16th August, 2006 and claimed it had been self-defence.

The victim, Mr McDonnell, told the court he was sitting at a bench in the park and there was a group of people a distance away who were "shouting and cursing." He went over and told them to "keep it down" as there were children at the playground nearby.

Mr McDonnell said Hand had head-butted him and after that the "lights went out." He was taken to Connolly Hospital in Blanchardstown suffering from a fractured jaw and transferred to St James' Hospital where he underwent surgery.

Giving evidence, Denis Malone of Castleview, Dunboyne, said he was walking in the park and saw Mr McDonnell "rambling" over to the group. He said he saw the defendant strike Mr McDonnell four times.

When put to him by Mr Patrick Purcell, BL, defending, that Hand said there had only been one blow and that he may have been mistaken, Mr Malone said there was "no mistake whatsoever" and that there had been four blows. He said he had not only seen them, but also heard them. He said he had seen no pushing and shoving and said the only shouting he heard was other people in the group shouting at Hand to stop.

Garda Richard O'Malley of Dunboyne Garda Station said he received a call about 3 pm to go to the park in Dunboyne where he found Mr McDonnell sitting on a park bench with his face covered in blood and that Mr Malone was there giving assistance. 

Gardai searched the area for about 45 minutes and found Mr Hand at Main Street where he was arrested and later charged with assault. Garda O'Malley told the court he had taken a statement from Mr Malone and that nobody else in the group had come forward to make a statement other than Darina Maher who did so some months later. The court heard that Garda O'Malley had not taken a statement from the defendant.

A letter from Professor Leo Stassen, a Consultant Oral & Maxillofacial Surgeon at St James' Hospital, was read into evidence, giving details of Mr McDonnell's injuries.

Defence witness Darina Maher, who said she was close friends with Hand and knew him about four years, told the court she had just got her Leaving Certificate results and that she and the defendant were talking to a group of people aged about 14, 15 and 16 in the park.

Witness said Mr McDonnell had approached them and said: "Have you got something to say." She said Hand had asked him "who are you?" and said "we're just having a laugh." She claimed Mr McDonnell had squared up to Hand.

She said the defendant had pushed McDonnell away three times and said that when McDonnell hit the defendant on the left shoulder, Hand had hit him on the right side of the jaw with his fist and that McDonnell had fallen to the ground.

She said she was an intermediate first aider in the civil defence and checked his pulse. She tried to talk to him and asked another person to ring an ambulance.

Ms Maher said she was frightened for herself and the other people in the group and that she didn't know if Mr McDonnell was going to hit one of them.

The court heard Ms Maher had made her statement on 17th February, 2007 and in court she claimed she had gone to the garda station numerous times to make a statement, but that the garda wasn't there.

Giving evidence, Francis Hand told the court that Mr McDonnell was sitting on the bench drinking and had come over and was telling them they were all a "pack of mouths."

Hand told the court he had said "who are you" and told him to go back to where he came from. "He tried to approach me in a physical way and I pushed him off. He persisted and came back again. It might have happened three times," said Hand.

He added that Mr McDonnell had "got him" on the shoulder and went to grab him and he had "thought to himself that this man didn't care who he hit." He said he was more worried about Ms Maher and also said he didn't know if Mr McDonnell had something in his pocket.

The defendant said there was no way there was a head-butt and that if Mr Malone had seen everything, would he not have seen the head-butt and the kick.

When asked where he went afterwards, the defendant said he went to the forest to finish drinking his whiskey and cider and when asked if he was drunk he said no, that he had been "merry."

When he went home his mother told him the police were looking for him and he said he was on his way to the garda station when he met Garda O'Malley.

Hand said this was the first time he had the chance to say his bit and that he was the "last one to be talked to."

When cross-examined by Mr Jonathon Kilfeather, BL, prosecuting, Hand said he didn't think they were that noisy and added: "I know we caused no trouble."

When asked why he had left Hand commented that he had said to himself that he "didn't want this crap" and that he wanted to "drink the rest of his gargle."

He added that one punch couldn't have done all that damage and that even "Ali" couldn't do that much damage with one punch, and the prosecuting counsel said "that was the point."

The jury of seven men and five women deliberated for 20 minutes before returning a guilty verdict. The court heard Hand had four previous convictions for public order, robbery and larceny, but had no previous convictions for assault.

In sentencing, Judge Pat McCarten said Hand had wrongly inflicted serious injury on his near neighbour and that whether there were one or more blows was "neither here nor there." He added that he had no doubt Mr Malone saw what he said and said it was an "unforgivable vicious assault."

He told Hand he would be counselled for alcohol abuse in prison and said that if he continued his ways hanging around parks drinking and doing little else with his time, he was sure he would see him in court again.

Judge McCarten sentenced Hand to 18 months in prison and said this was the best he could do for him and that he had given him credit for having no previous assault convictions.

The Judge added that Ms Maher had supported Hand in his "tissue of lies" and that he didn't believe a word of it. He said that in the view of the court she was unfit to be in such an honourable organisation and asked the state solicitor to write to the Civil Defence.