Ballinrobe man gets two months in jail for ‘unprovoked’ assault

Ballinrobe man gets two months in jail for ‘unprovoked’ assault


A BALLINROBE man who punched a man leaving him with blood pouring from his face in an unprovoked attack was sentenced to two months imprisonment at last Friday’s sitting of Ballinrobe District Court.
Jonathon O’Haire of 56 Hazel Court, Ballinrobe pleaded guilty to assaulting Declan Garvey when he was getting out of a taxi on Abbey Street in Ballinrobe on March 30, 2009. Mr Garvey told the court that the incident was totally unprovoked and he received no apology from Mr O’Haire for the attack.
Garda Aiden Connaughton explained that he received a call regarding an assault and met Mr Garvey who he said was covered in blood and his nose was bruised. He told him to get medical assistance and two days later took a statement from him. He also took a cautioned statement from Mr O’Haire but he stated that he had nothing to say.
On hearing the evidence, Judge Kevin Kirrane said that this was clearly an assault causing harm and asked why he was only charge with assault. Inspector Martin Byrne said that the assault was borderline on assault causing harm but it was decided to go with the less serious charge of assault.
Mr Garvey said he never had a problem with the defendant before and the assault was totally unprovoked. He said he was getting out of a taxi when Mr O’Haire ‘started’ on him and wanted to know where his friends were. He said he had recovered but was ‘shook’ by the incident.
Under questioning from Ms Fiona McAllister, solicitor for the defendant, Mr Garvey denied being involved with Mr O’Haire earlier in the evening. Ms McAllister claimed that Mr Garvey leant his head forward as to give a headbutt and her client swung out and connected with Mr Garvey’s nose. Mr Garvey said he did no such thing and Inspector Byrne said that an independent witness gave no account of this.
Ms McAllister said her client fully admitted hitting Mr Garvey and was not trying to minimise what he did. She asked the judge to be lenient in his sentencing. Inspector Byrne said the defendant had no previous convictions.
In sentencing Judge Kirrane said that there were ‘certain sins’ that cannot be forgiven and said there was no truth whatsoever in the story that it was in self defence. He said he had not apologised and had shown no remorse to Mr Garvey and his plea of guilty was only a half plea. Recognisance was set in the event of an appeal.