A DISTRICT court judge has described the assault of an American tourist outside a Castletownbere takeaway last year as ‘savage and unprovoked.’
Judge James McNulty made the comment when sentencing John Delaney (25) of The Pier, Bantry to 10 months in prison for assaulting Lynn O’Sullivan on April 16th last 2022.
Sgt Trish O’Sullivan told the judge that at 1.55am gardaí in Castletownbere observed a row taking place outside the Max Bite takeaway.
They noticed a man, who was a visiting tourist, with cut to his head. An altercation had taken place inside initially involving a group of males which included the defendant. Mr O’Sullivan was knocked to the ground and the row later spilt outside onto the street.
‘Mr O’Sullivan was trying to calm things down and CCTV outside the premises shows the defendant striking him twice with a closed fist,’ said Sgt O’Sullivan.
In a statement read out in court by Judge McNulty, Mr O’Sullivan said he was on holidays with his wife and had been drinking earlier in the town when he went to get food at Max Bite. He recalled the defendant and two other men in there when the dispute occurred at the counter and he tried to intervene.
‘The next thing I remember is being outside and someone asking me was I ok? I felt blood and don’t remember being hit,’ he said.
Mr O’Sullivan suffered a large cut to his forehead, sustained an abrasion to his left ear and his lower lip was split in two places. The court heard that the defendant has 21 previous convictions including for assault causing harm. Solicitor Colette McCarthy said her client, who is married with four children, accepts he caused injury to Mr O’Sullivan and cooperated fully with the investigating gardaí.
‘He apologises for what happened and has no recollection of the events as he had drink and drugs consumed on the night but he is clean now,’ said Ms McCarthy, who added that he is getting a lorry licence and hopes to start work soon.
Judge McNulty said a fine or community service was not appropriate in this case.
‘This was a savage and unprovoked assault on a visitor to our shores who is at the home of his ancestors and had the misfortune to meet the defendant who, in the course of exchanges, asked him if he wanted a fight, when Mr O’Sullivan stood in between the defendant and another man,’ said Judge McNulty.
‘I read Mr O’Sullivan’s statement and I am very sorry to hear he was injured and this court sends him best wishes for his recovery and we hope he comes here again.’
The judge sentenced Mr Delaney to 10 months in prison but suspended five months for five years. He also placed him under the supervision of the probation services for 12 months to cover his post-release period and period in prison.
As part of this supervision the defendant must comply with all requirements including keeping the peace and committing no offence for a period of two years.
‘He is also not to use controlled drugs.
‘As a father of children he shouldn’t need to be told that and gardaí can obtain an oral fluid sample from him at any time to prove that he is clean.’
