Longford Circuit Court: Defendant must pay further €10,000 compensation to assault victims

A Donegal man who pleaded guilty to two counts of assault had an 18 month custodial sentence suspended for a period of three years at Longford Circuit Court.

Gavin Gallagher (29) of Greenhills, Dunfanaghy, Donegal entered a guilty plea to assaulting Paul and Pat Byrne on April 15, 2018 on Main Street, Ballymahon.

State witness Garda Eamon Fitzpatrick outlined the details of the investigation into the assaults that happened at 2:22am on the Saturday morning. The officer was responding to a call regarding an altercation outside Skelly‘s Bar. He met the injured parties, Paul and Pat Byrne.
Pat Byrne was working in the bar that night. A patron of the bar was “truculent and difficult” and took exception to another customer he mistook to be English. This person, Mr Gallagher, said he worked in England and referred to the other man as “an English b******”.
Mr Gallagher ordered a pint of Heineken, then ordered a pint of vodka. He was asked to leave, but refused to go. Pat Byrne escorted the man out, but Mr Gallagher insisted on returning back into the bar.

Judge Kenneth Connolly was shown CCTV footage of what happened outside the bar. Mr Gallagher was holding on to the wrist of Pat Byrne, then Paul Byrne came out to assist his brother.
Pat Byrne pushed the defendant away. Mr Gallagher fell back on the ground then got up and attacked the two men. He could be seen knocking the two men to the ground then kicking one in the head and the other to the body before a female intervened.

Mr Gallagher then walked off as the two men appeared to be stretched out on the ground. The court was presented with medical reports showing Pat Byrne sustained facial injuries, while Paul Byrne's shoulder injury required the surgical insertion of plates.

The medical reports indicated that Paul Byrne fractured his humerus and in his victim impact statement he described how he was unable to work as a stonemason since the incident.
The defendant was identified because he left his wallet behind in the bar.
Counsel for the defendant, Niall Flynn BL, accepted that his client is “a danger to people when he has consumed alcohol”.

The court was told Mr Gallagher has a previous conviction for an assault on a woman in Donegal. He also has eight previous convictions from outside the jurisdiction, and another matter that is due to come before Naas District Court.
Mr Flynn said on the night his client felt he was “being manhandled”, said in his intoxicated condition believed he was “acting out of self defence”.

The barrister said Mr Gallagher has issues with anxiety and alcohol and is endeavouring to “stay clear of drinking”. He said the defendant had €3,000 in compensation in court for the injured parties.
In summing matters up Judge Connolly described the defendant as “a relatively young man” who at the time was “ to use the vernacular, ossified”.

“If you can’t handle alcohol, you should stay away from it,” the judge stated.
Judge Connolly noted several aggravating factors, including the nature and extent of the assault, the “viciousness” of the assault and the prolonged impact of the injuries on Paul Byrne.
The judge noted the racial abuse by Mr Gallagher in referring to another customer as “an English b******”.

Judge Connolly said the appropriate sentence is two and half years, but this could be mitigated to 18 months.

The judge said he would suspend the sentence for a period of three years on the condition Mr Gallagher be of good behaviour, pay a further €10,000 in compensation to the injured parties and have no further incidents of public intoxication for a period of three years.