BY DAVID FORSYTHE
A FISHERMAN who pleaded guilty to the assault causing harm of a man who gave him a lift back to his vessel has been sentenced to a total of one year in prison.
Prosecuting, Sergeant Trish O’Sullivan said that Bobby Ivers, 31, of Dunaff, Clonmany, Co Donegal was also charged with one count of assault, two counts of public order offences and one count of criminal damage for two separate incidents in Castletownbere, as well as one count of failing to appear in court.
The court heard that at 12.40am on March 17th 2022 Mr Ivers and another man were given a lift from The Square, Castletownbere back to their fishing vessel at nearby Dinish Island by a local man.
The court was told that when the man opened the door of his van to let them out Mr Ivers assaulted the injured party, repeatedly punching him, kicked him in the head and stamped on his head.
The man suffered facial bruising, chipped teeth, and short-term impairment of his vision in his right eye.
Sgt. O’Sullivan said that on October 12th 2022 Mr Ivers was in Twomey’s Bar, Castletownbere drinking with the crew from his fishing vessel when a dispute developed.
Mr Ivers broke a glass panel in a door inside the bar and head-butted the owner in the face when he tried to restrain him.
When gardaí arrived Mr Ivers was being held outside by the bar owner and customers ‘roaring and shouting’ and causing a general disturbance.
Mr Ivers said that the incident in March was due to the injured party insulting his brother, he said an argument developed and ‘he asked me to get out of the van and fight him and that’s what I did’.
He said that the man was very drunk at the time and was ‘trying to start a fight with me and my brother’.
Defence solicitor Flor Murphy said that Mr Ivers was originally going to contest the assault charge but was now pleading guilty.
He said that Mr Ivers was a fisherman who had three young children and lived in Donegal.
He said that his work would occasionally bring him down the coast to West Cork. Mr Murphy said that the incident in October 2022 occurred after Mr Ivers had been on a long fishing trip and the crew were drinking in Twomey’s Bar.
The incident arose when Mr Ivers was asked to leave the bar.
At the sentencing hearing in Macroom District Court Mr Murphy said that his client had been in custody for five days, the first time he had ever been in prison.
He told the court that Mr Ivers’ eight-year-old daughter was due to make her first holy communion in less than two weeks.
He added that Mr Ivers’ employer had made funds available directly to the solicitor for the payment of any fines including a €300 fine that was outstanding from a previous conviction for driving without insurance.
Mr Murphy said that Mr Ivers clearly had an issue with alcohol.
‘His employer tells me he is a good worker when he is on the boat. His issues seem to arise when he is not on the boat and not home in Donegal. He seems to get into trouble when he is going into the pubs in Castletownbere.’
Mr Murphy asked the judge to consider community service or the imposition of fines.
The court was told that Mr Ivers had 13 previous convictions including convictions for assault and disorderly conduct as well as motoring offences. Judge James McNulty said: ‘I’m astonished at his record of offending, he appears to have been dealt with leniently in Donegal. Leniency is not available in West Cork to a man with a record like his. The court takes a most serious view of these offences.
‘The man he assaulted was effectively a Good Samaritan and he assaulted him. He assaulted the owner of the pub in his own pub. Sadly he seems to have a propensity for violence and we are well past community service and fines at this stage.’
For the assault causing harm Mr Ivers was sentenced to eight months in prison.
For the assault on the publican he was sentenced to four months in prison, the sentences to run consecutively.
The two public order offences were taken into consideration.
For the criminal damage charge he was ordered to pay €500 compensation to the publican and for failing to appear in court he was fined €100.
Recognisance for appeal was fixed at €500 cash and was taken up by Mr Murphy and Mr Ivers was released on bail to appeal the sentence to the Circuit Court.
