Mayo man warned he faces jail after assault with a claw hammer

A MAYO judge has warned a Ballina man who assaulted another man with a claw hammer that he faces a prison sentence if he fails to convince him he has turned his life around.

Judge Eoin Garavan gave the warning to Taylor Moran (23) of McDermott Street, Ballina who appeared before Castlebar Circuit Criminal Court having pleaded guilty to assault causing harm to Martin McDonagh on the grounds of St Mary's Secondary School in Ballina on April 2, 2021.

The court heard that up to a dozen people had been drinking on the grounds of St Mary's Secondary School in Ballina when a fight broke out between Mr McDonagh (26) of Mount Assaumpta, Ballina and another man at around 9.30pm.

Assault

During the altercation, Mr Moran retrieved a claw hammer and struck Mr McDonagh at least five times in the hip and lower abdomen. Garda Barry Joyce told Judge Garavan that as a result of the strikes by the hammer, Mr McDonagh was left with three deep puncture wounds to the lower abdomen.

Garda Joyce said that one of the claws of the hammer was removed and it was initially thought that Mr McDonagh was stabbed with a knife such was the injury inflicted.

CCTV footage of part of the incident was shown in court and showed Mr Moran leaving the scene before arriving back seconds later with the hammer concealed in his pants. The footage showed that the fight went on for a number of minutes and as well as striking Mr McDonagh with the hammer, Mr Moran also kicked him while he was on the ground. A second defendant, Thomas Maloney (29) of Riverside Drive, Ballina also pleaded guilty to assault causing harm on February 9 and is due to be sentenced in October.

Mr McDonagh spent four days in Mayo University Hospital recovering from his injuries and the incident was reported to gardaí by Westdoc personnel who first dealt with the injured party. Mr McDonagh, Garda Joyce said, has since made a full recovery.

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Garda Joyce explained that when Mr Moran was interviewed in connection with the incident he did not make any admissions and did not identify himself on CCTV. Garda Joyce also explained that a number of people who were at the scene were canvassed to provide statements but refused to do so. He told Judge Garavan that Mr Moran did not clarify where the hammer came from.

Dr Laura Byrne, counsel for Mr Moran explained that her client was 18 at the time of the incident and had a difficult childhood suffering trauma at the hands of his mother's partner.

Difficult childhood

Jennifer Harvey, mother of Mr Moran pleaded with Judge Garavan not to impose a custodial sentence saying her son has changed since the incident and now had a partner and child and had a job lined up which she said could change his life.

She told Dr Byrne that she was in a violent relationship for ten years and she eventually had to leave Ballina and left her son with his grandparents. She said that Mr Moran is the oldest of her five children and claimed he was thrown down stairs when he was younger and suffers from post traumatic stress disorder as well as anxiety.

Judge Eoin Garavan

The court heard that Mr Moran has previous convictions and since the offence in 2021 he was convicted of intoxication in a public place and was detected driving with no licence or insurance.

Dr Byrne said that her client has engaged positively with the Probation Services and has apologised for his behaviour on the night and expressed deep regret and remorse and understands the seriousness of the offence. She added he has engaged with the mental health services for the trauma he suffered in his life. She admitted that he has used cannabis to deal with anxiety issues but has not drank in a year.

She said he has the job offer of a barber when the court proceedings end and asked Judge Garavan to take into account his age at the time of the offence and his guilty plea. She asked Judge Garavan to give her client a chance and to be lenient when sentencing.

Carefree attitude

Judge Garavan said he was of no doubt that the removal of one of the claws was done deliberately and it was extraordinary that the weapon was close by. He said the duration of the violence was extraordinary and the assault was not spontaneous and added that had the hammer made contact with Mr McDonagh's neck or head, Mr Moran would be facing far more serious charges.

Judge Garavan also commented that the offences committed by Mr Moran after this incident showed a flippant and carefree attitude to the law of the country.

“He has an appalling employment record but like a lot of these people they seem to have money for drugs, money for clothes and everything else but they never work and are on disability. If he worked a bit more and took a lot less cannabis and drink he might be someone who would understand his obligations to everybody else around,” he said.

While accepting he did plead to the offence, Judge Garavan described his attitude to being interviewed by gardaí as brazen and says little of his character.

Warning

However, Judge Garavan accepted that Mr Moran had a difficult background and appeared to be in a stable relationship although he was not impressed that he was being proactive to seek treatment for his difficulties.

He said that Mr Moran deserves a lengthy custodial sentence for what he did but agreed to give Mr Moran a chance and adjourned sentencing until October 6 on the condition engages with the Probation Service and gets a job.

“Mr Moran it is simple, you should probably bring your overnight bag in the autumn because unless you do spectacularly well, it appears to me that a custodial sentence is warranted,” he said before warning Mr Moran to stop avoiding his obligations.

“He has to stop hiding behind his mother or partner and start convincing yourself and the court you have changed and can change. It is up to you now... there were still a lot of boxes to be ticked.”