A CLONAKILTY man who launched a ‘serious random and unprovoked attack’ on a teenager has received a suspended sentence, but must pay €5,000 in compensation to the injured party.
Mark Fail (37) of Molaga Street, Clonakilty, pleaded guilty at Clonakilty District Court to assault causing harm of a 17-year-old boy in the town on September 11th 2023.
Insp Roisín O’Dea told Judge Treasa Kelly that at 8.25pm that night the teenager was walking along St Vincent’s Place in Clonakilty.
‘The accused approached him and, without warning, began punching him a number of times to the head,’ said Insp O’Dea.
‘The injured party fell to the ground and he continued to assault him, punching and kicking him, in the ribs while he was on one knee.’
Insp O’Dean said that the injured party suffered a bloody nose and bruising and was taken to hospital for treatment.
In a victim impact statement, he said he still suffers from post-traumatic stress disorder due to the unprovoked attack.
He doesn’t go out alone any more, refuses to walk past the area where the assault took place, and still fears for his own safety.
Defence solicitor Plunkett Taaffe said his client maintains that he was approached by three people and that they attacked him and that he suffered injuries as a result.
He added that his client’s young son owed a drug debt.
Insp O’Dea said that gardaí have CCTV footage showing the injured party walking alone on the night in question.
‘There is no sign of anyone else,’ she said.
Mr Taaffe said his client, who is originally from England, is married with two children and has been living in Clonakilty for the past seven-and-a-half years.
He said Mr Fail has a previous conviction for assault in England and accepts he caused injuries to the teenager.
‘He works part-time in a warehouse and is doing a course in dog grooming,’ said Mr Taaffe.
The court heard that he has one previous conviction for drugs possession in this jurisdiction.
Judge Kelly described it as a ‘serious unprovoked random attack’ and said the accused was lucky the injured party didn’t suffer more serious injuries.
She convicted and sentenced him to six months in prison – but suspended the sentence for two years in his own bond of €500.
She also directed that a sum of €5,000 be paid to the injured party for compensation and adjourned the case to March 18th.
