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9-12C
No compo for teen assaulted in retaliation
A teenager who was part of a gang throwing stones does not deserve compensation from a man who retaliated by seriously assaulting him, a district court judge has decided.
By Claire O’Brien
Judge Seamus Hughes said people in rural Ireland are terrified of groups of young men on streets shouting, abusing, or throwing stones at members of the public, and are afraid to approach them. He said these teenagers are fearless and adults use children to commit crimes because they feel children can “get away with it”.
Mullingar District Court heard how Ronan Lynch, aged 30, of Uisneach Court, Mullingar, and his girlfriend had to go into a house at Grange Crescent in the town at 8.15pm on Oct 18 last because a group of four teenage boys started to throw stones at them.
Later in a filling station Mr Lynch recognised one of the gang, punched the 16-year-old three times, and headbutted him, causing a gash over his forehead which bled profusely and required seven stitches.
The victim had insisted to gardaí he wasn’t throwing stones, but Judge Hughes said it was clear the four young men were together and he hadn’t attempted to stop his friends.
He said the gang of four got away “scot-free”, and that young people of a certain age feel they can get away with anti-social behaviour and that they are generally not prosecuted.
He described juvenile diversion as “a slight slap on the wrist” and pointed out that young people who throw stones would hardly even be considered candidates for the Garda youth programme.
While the assault had been serious, and Mr Lynch, who previously served two years in prison for assault, was someone not to be tangled with, Judge Hughes said he was sure the 16-year-old victim had learned a lesson and is not entitled to compensation.
He said Mr Lynch had foolishly put himself in a position of danger by approaching the group, and said most people would advise their children or friends not to chastise gang members because “all sorts of things can happen and have happened”.
He hoped the parents of all the boys had been made aware of what they were doing.
Solicitor Alan Gannon said Mr Lynch regretted taking the law into his own hands and had been foolish to go after the gang.
He said provocation was not a defence to the assault, but pointed out that it wouldn’t have happened if the stone-throwing hadn’t taken place.
If Mr Lynch makes a payment of €500 to a charity for older people in the Westmeath village of Castletown–Geoghegan, Judge Hughes said he will give him the benefit of the Probation Act for the offence of assault causing harm.
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