Money will not undo harm of horrific injury and experience suffered by Longford one punch assault victim

While hearing a case where the lives of two young men were damaged in a single moment, Judge Keenan Johnson warned that drink and drug related cases are so common in this county that it needs to be addressed. “the courts are full of these incidents.” He also hit out at the role of social media.

Sean McCormack (20), of Rath Reagh, Smithfield, Legan, Longford, sat at the front of the court, head bowed. On the other side of the room Zac Martin sat with his mother, a crescent scar over his left ear a legacy of the events of November 13, 2021.

Mr McCormack pleaded guilty to Section 4 Assault, the more serious non fatal assault charge. In the course of the court sitting it was stated “he's not a bad lad”, but the court was also shown footage of the defendant run up and swing a forceful blow at the back of the head of his victim.

Detective Garda Damien McGovern outlined the details of the case to Judge Keenan Johnson. The detective's investigation saw him interview a number of young men. On that November night three 18th birthday parties took place in the town of Ballymahon.

The five witness statements gave “different descriptions” of the actual incident. The human eye captures details not readily identifiable on the phone video, but the accuracy of memory tarnishes its fidelity.

The incident was uploaded on Snapchat. From there it was shared and re-shared onto multiple platforms.

The image of McCormack running up and hitting Zac Martin to the back of the head as onlookers “egged him on” was shown in court. The soundtrack to the horrific assault features young men laughing.

Detective Garda McGovern told the court the defendant went to a friend's house after the assault. He then went home where his brother advised him to contact Gardaí, he was told to go to Longford Garda Station.

While these events are taking place a parallel story sees Zac Martin attended to by emergency services, brought to Mullingar General Hospital before being transferred to Beaumont Hospital. A fractured skull, haematoma, traumatic brain injury, neurosurgery.

In Longford Garda Station McCormack admitted the assault, said he was drinking and “he took other substances”.

The Detective Garda explains that while the two young men were “known to each other” there were “no issues” between them.

Detective Garda McGovern spoke of the “complete remorse” of the defendant, who said he “really, really regretted doing it” and “I really hope he's okay”.

Zac Martin was not okay, and he was going to have a difficult recovery. There were two more surgeries, and infection of the original injury site left his brain vulnerable.

Judge Johnson was incensed by the details laid out before him: “Social media has a lot to answer for,” he commenced, “some people think that this is entertainment, it's disgusting behaviour.”

Counsel for the defendant Michael O’Higgins SC told the judge that Mr McCormack has not come to Garda attention since, he works full time as a tiler, and is involved in sport: “He's a decent lad until this incident,” the barrister said.

Zac Martin took to the witness box to read out his victim impact statement.

In his address to the court Mr O’Higgins noted the incident arose from “a random Friday or Saturday night in any town or village”. He said his client issued a single blow that caused serious injury: “He has no excuse for what he did, it appears to have been a spontaneous event.”

Distilling the facts Judge Johnson described “an extremely serious case”.

“Mr Martin has a horrific injury and a horrific experience,” Judge Johnson said, “this is a prime example of the need to provide proper compensation for the victims of crime. It's regrettable that this is not in place. We spend a huge amount on incarceration, but little to the victims of crime. The State had a civic and moral duty in this area.”

The judge touched on the wider societal issue at the centre of the case: “Drink and drug related cases are so common in this county. It needs to be addressed, the courts are full of these incidents.”

The judge noted McCormack had €5,000 compensation in court: “This is a token that will ease some of Mr Martin's expenses, but money will not undo the harm.”

Speaking directly to the injured party Judge Johnson said: “You have shown you are made of tough stuff, I commend you for that.”

The case was adjourned to May 9, 2023 to allow for the preparation of a probation report and an up-to-date victim impact statement.