Three men who assaulted IT graduate spared jail
Cathal O’Brien, aged 23, of The Cross, Ardagh, Shane Kelly, aged 23, of Ballagh, Abbeyfeale, and Deniss Permanickis, aged 27, of Ballagh, Abbeyfeale, had pleaded guilty to assault causing harm to James O’Donnell, aged 22, at the Square Newcastle West, on July 12, 2014. They also pleaded guilty to violent disorder.
All three chased and knocked Mr O’Donnell to the ground after they saw him earlier have a casual conversation with a woman in a night club. Mr O’Donnell was repeatedly kicked and beaten while on the ground and only remembered waking up in the back of an ambulance.
Imposing suspended three-year terms, Judge Tom O’Donnell said he wanted to send out a strong message that violence of this kind was totally unacceptable.
In a victim impact statement, Mr O’Donnell said: “I was in hospital for five days. My jaw was broken and I had to have surgery and have a metal plate inserted. My jaw was wired for six weeks and I was unable to eat solid food. I also found speech was difficult. As a result, I was unable to look for work in my field of study as I was unable to present myself for interview. My bottom lip is still numb and I suffer from headaches for which treatment is ongoing.
“I am awaiting an appointment with an ENT [ear nose and throat] specialist as a neurosurgeon I saw in Cork believes there may be damage to one of my tear ducts. As the result, I had to give up playing football. I was very apprehensive for a long time whenever I went out on my own.”
Each of the accused paid €3,000 compensation. Judge O’Donnell said mitigating factors were the early guilty pleas by all three and the fact they fully cooperated with the Garda investigation.
The judge said the three had also expressed deep remorse for the very vicious and cowardly assault.
Mr O’Donnell, the court heard, had had a casual conversation with a woman who told him she was going to Australia. The three accused seemed to get irate that Mr O’Donnell had a conversation with the woman and kept asking him questions. They later followed him and beat him up.
He was brought to University Hospital Limerick where he had surgery for a broken jaw.
Suspending the three-year sentences, Judge O’Donnell bound each to the peace for five years.



