A DISTRICT court judge told a Clonakilty dad-of-three that he was lucky he wasn’t going back to prison for a ‘serious unprovoked attack’ on an innocent man who he pushed through a plate glass window.
Liam Deasy (42) of Tullineaskey, Clonakilty appeared at Clonakilty District Court last week, having previously pleaded guilty to the assault on Juan Real Rodriquez on Clarke Street, Clonakilty on March 5th, 2023. He had also pleaded guilty to damaging a window at Atkins Hardware shop.
The case had been adjourned for the preparation of a probation report on Mr Deasy, who had spent four days in Cork Prison after the case was initially heard.
Judge James McNulty said the assault puzzled him and that for no reason, the accused had words with the injured party that day.
‘It’s the unprovoked nature of the assault which puzzles me and were you using something else that night? He pushed him through a plate glass window and it’s extreme violence,’ said Judge McNulty.
Sgt Tom Mulcahy told the judge that they have tried to make contact with Mr Rodriquez since the incident but without success and that he has left the jurisdiction. They were unable to give him compensation of €5,000 which Mr Deasy had previously brought into court.
Solicitor Conrad Murphy said his client had too much to drink that night and had not consumed any other substances.
Mr Murphy said his client’s time in prison was a ‘very grounding experience’ for him and told the judge that Mr Deasy doesn’t have an alcohol addiction.
‘He is a dad of three young children, is self-employed and employs four people. He has no previous convictions. He has paid compensation for the window and he also brought €5,000 compensation for the injured party on the first day he appeared in court,’ said Mr Murphy.
He added that his client has some depression issues which he is addressing and that he is hugely contrite about what happened.
‘This is out of character for him. It will create problems for him in the future and spending time in prison was hugely humbling.’
Judge McNulty said that he is sure going to prison was a shock and trauma for the accused.
‘But so is being thrown through a plate glass window and getting injured and suffering a dislocated shoulder,’ he said.
Judge McNulty said this was a serious unprovoked assault on an innocent person on a public street and convicted and sentenced him to six months in prison.
He gave him credit for several mitigating factors including his early plea, the fact he reported the assault to gardaí, has no previous convictions and had brought €5,000 into court.
‘It could be 12 months but the court will leave it at six months,’ he remarked.
The judge suspended the sentence for two years on the usual conditions that he keep the peace, be of good behaviour and commit no offence during that period.
He also added a special condition that Mr Deasy is to pay €5,000 into the court’s poor box which he said will be spent wisely in Clonakilty.
‘The purpose of the money is to emphasise to others that public order offending is an expensive business in West Cork. He’s lucky he’s not going back to prison.’
He took into consideration the other charge of breaking the pane glass window.
