No jail for biting off student’s ear

A student who bit off a large chunk of another student’s ear in a Limerick takeaway and then spat it out at his victim, avoided jail yesterday.

David Fitzgerald, aged 25, of 56 Lynwood Park, Ballysimon, Limerick pleaded guilty at Limerick Circuit Court to assault causing serious harm to Christopher Hartigan, at Supermac’s in O’Connell Street on April 12, 2013.

The court heard Fitzgerald, who was attending college at the time, went to a students’ race day at Limerick racecourse that day and got heavily intoxicated.

Mr Hartigan was in Supermac’s at around 2am and in a queue. He dropped money and in the process of picking it up he made contact with Fitzgerald, a person he did not know.

Fitzgerald, in an aggressive manner, told the injured party that if he did that again, he would kill him.

Fitzgerald then bit off a large section of Mr Hartigan’s right ear, and spat it back at him.

Medical reports showed that Mr Hartigan lost 40% of the upper rim of his ear.

The court was told of the serious medical, physical and psychological consequences the attack had on Mr Hartigan’s life. He had to endure being called names due to the defigurement of his ear and needed counselling.

It was stated that Fitzgerald had got so intoxicated earlier at a students’ race day he had no recollection of the attack. He had no previous convictions and his family were extremely shocked at what he had done.

When interviewed by gardaí Fitzgerald was initially reticent. However, when shown CCTV he accepted full responsibility and was disgusted at what he had done and remorseful. His mother offered to pay €15,000 compensation to the victim.

Judge Tom O’Donnell said

: “This was a totally unprovoked unacceptable assault which cannot and should not be tolerated in a civil society. This was a moment of sheer madness.”

He imposed a three-year suspended sentence and ordered the €15,000 offered as compensation be given to the injured party.