A bouncer who ruptured a patron’s testicles when he kicked out at him following a verbal altercation has been given a suspended sentence.
By Sonya McLean and Fiona Ferguson
Alan Foley (46) was working as security at Colossus Casino on Montague Lane in Dublin city centre, when Robert O’Donnell and his three friends tried to gain admittance following their Christmas party.
Mr O’Donnell was allowed in as he was a member but when the other men were refused entry he returned to the door staff to remonstrate with them.
Garda Brian O’Connor told Eoin Lawlor BL, prosecuting, that a verbal altercation broke out between Mr O’Donnell and Foley, which had been initiated by the victim.
He agreed with Anne-Marie Lawlor BL, defending, that it was clear from CCTV footage that Foley “flicked out his leg” towards Mr O’Donnell.
“In my opinion there was no real malice or intention to cause injury. I would say he kicked out just to get him away” the garda continued.
He agreed with Ms Lawlor that it was more “a reckless act” by Foley and that he demonstrated “the highest possible level of co-operation” in the subsequent garda investigation.
“He is probably one of the most remorseful people I’ve interviewed,” Gda O’Connor said.
Foley of Dolphin House, Dublin 8, pleaded guilty at Dublin Circuit Criminal Court to assault causing harm on December 16, 2015. He has no previous convictions and has worked in the security industry for 20 years.
Judge Karen O’Connor said the circumstances of the case put it in the lower end of this type of offending. She said this was not to take from the injury which was caused to the victim.
She imposed a one year sentence which she suspended in full and ordered that €3,000 brought to court by Foley be paid over to the injured party.
During the sentence hearing Gda O’Connor said there was an exchange of insults when Mr O’Donnell was unhappy that his friends were not allowed into the casino on the back of his membership.
He said the day after the assault Mr O’Donnell woke up in extreme pain and attended hospital where it was discovered he had ruptured his left testicle. He was off work for two weeks but by the middle of the following month he was completely pain free.
Foley was arrested after gardaí viewed CCTV footage of the assault. He accepted it had been wrong of him to “kick out” but said he didn’t think he had kicked the victim that hard.
An apology he offered Mr O’Donnell during interview has been accepted as has €3,000 Foley had in court as a token of his remorse.
A victim impact statement before the court said although Mr O’Donnell has been assured by medical professionals that the injury had not affected his fertility, he worried if the damage may affect his ability to have a family in the future.
Gda O’Connor agreed with Ms Lawlor that the offence seemed to be out of character for Foley who has a long established career in the security industry.
Ms Lawlor submitted that although Mr O’Donnell sustained a serious injury, her client had no intention to cause injury nor had he used a weapon.
She said he had an unblemished record and a conviction such as this against him would have an impact on his career.