This article is from page 14 of the 2013-04-30 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 14 JPG
A JUDGE has rejected a Clarecastle man’s offer to pay € 5,000 compensation to a plasterer he assaulted with a golf club 17 months ago.
David Casey suffered a fractured skull when he was assaulted by Ian Considine (25) at St Joseph’s Terrace, Clarecastle, in the early hours of December 27 (2011).
Mr Considine, with an address at 55 St Joseph’s Terrace, Clarecastle, appeared at Ennis Circuit Crminal Court on Friday.
Judge Gerard Keyes rejected Mr Considine’s compensation offer, saying he was conscious of the perception that exists that people can attempt to “buy” a suspended sentence.
In February, Mr Considine pleaded guilty to a charge of assault causing harm to Mr Casey, a father of two who also lives in the St Joseph’s Terrace area.
The court heard that on the night in question Mr Casey was involved in an incident outside the Considine family home.
Garda Niamh Browne of Ennis Garda Station said Mr Casey threw a crutch at the door and broke one of the windows.
Members of the accused’s family including his father came outside, the court heard.
Mr Considine, who lives near the home, was awoken by his sister and arrived at the scene armed with a golf club, the court heard.
Counsel for the State Stephen Coughlan BL, told the court that for want of a better expression, Mr Considine, “literally pole-axed Mr Casey”.
Mr Casey was transferred to the Mid Western Regional Hospital, Limerick and later Cork University Hospital.
He sustained a right frontal skull fracture and 6cm laceration.
Mr Casey required further treatment in 2012 to remove skull fragments that were “leaning on his brain”, the court heard.
In his victim impact report, Mr Casey said the incident had greatly affected his life.
He said he had been unable to work since the assault. He said he is worried every time he goes to the doctor.
Mr Casey added, “I have no grudge against Mr Considine.
“I want to put this behind me and move onto the next chapter of my life. …. “What is done is done and there is nothing we can do about it now.”
Defence Counsel Kenneth Kerins, said his client, a qualified carpenter, made a “very foolish and rash decision” on the night.
Mr Kerins added, “He stands before the court genuinely remorseful.”
Mr Considine has no previous conviction and has not come to garda attention since the assault, the court heard. Mr Kerins said there had no further incidents between the parties.
The court heard Mr Considine de- scribed as a hardworking, reliable man.
The father of two is a long serving member of Manus Celtic soccer club.
Mr Kerins said his client would be willing to pay € 5000 compensation to the injured party.
Judge Gerard Keyes said he found the figure too low, noting the length of time the victim had been out of work.
Judge Keyes said he was also conscious of the perception that exists among the public that defendants can attempt to “buy” a suspended sentence.
Judge Keyes indicated that he might accept a figure of € 10,000 but added that payment is no guarantee that a suspended sentence will be imposed.
Judge Keyes said he required time to consider the case in greater length.
He added; “I cannot ignore the seriousness of the injuries inflicted on this man with a golf club.”