A MAN who kicked another man while he was on the ground has been jailed for four months, despite a plea from the victim’s father not to send him to jail.
Trevor McMahon (36) of Sandfield Centre, Ennis, pleaded guilty to as- saulting Owen Walsh, causing him harm, at Sheil’s garage, Gort Road, Ennis, in the early hours of on Au- gust 25 last year.
Inspector Michael Gallagher told Ennis District Court that following a complaint, gardai viewed CCTV footage at the garage.
He said the footage showed that there was a scuffle in the forecourt and McMahon was “the major cul- ele
The injured party bled from the teeth, he said. Inspector Gallagher pointed out that the incident arose in the queue. Mr Walsh was knocked to
the ground and kicked.
Solicitor for the injured party, Stephen Nicholas told the court that his client suffered bad damage to two front teeth in the incident. “One is dead and has to be replaced,’ he said.
He said the cost of replacing the tooth will be between €3,000 and ono 0107
Solicitor for McMahon, Tara God- frey said her client is a voluntary worker and is currently in education.
‘There is an alternative for the in- jured party, the Criminal Injuries Tribunal can provide money. Mr Walsh might be able to find in that the means to have the tooth repaired,’ said Ms Godfrey. She said her client turned around and two men behind him seemed to be challenging him.
“In his mind, he was intimidated and he swung for Mr Walsh. Mr Walsh felt intimidated and pushed Mr McMahon,” she said.
“Mr McMahon stupidly lost the plot for the first time in 36 years,” SNToMCT BLO
Inspector Gallagher pointed out however that video evidence showed McMahon kicking Mr Walsh to the head while he was on the ground.
Judge Joseph Mangan imposed a four month jail term on McMahon and fixed a bond in the event of an appeal. Mr Walsh’s father then stood up and said he wanted to speak on behalf of his family.
“The family don’t want him to go to jail,” he said.
However Judge Mangan replied, “It’s not a case between you and the defendant. It’s a case between the State and the defendant. The courts must consider the community.”