Mayo man awaits sentence after assault left victim wheelchair-bound

A Mayo man has been remanded in custody pending sentence for his part in an assault which left the victim wheelchair-bound and requiring lifelong care as a result of serious brain injuries.

James Byrne (aged 26) with an address at The Ridgepool Apartments, Barrett Street, Ballina, ran towards the victim and punched him in the face, leaving the man dazed. His friend Gary Stapleton (aged 25) then punched the man once, knocking him down, and then kicked him once in the head as he lay motionless on the ground.

Their victim, Mr Noel Hudson (aged 22), suffered a traumatic brain injury and remains in hospital care.

Byrne pleaded guilty at Dublin Circuit Criminal Court to assault causing Mr Hudson harm on March 18, 2006 at Corrig Avenue, Dun Laoghaire.

He had eight previous convictions for criminal damage and theft and had not come to the attention of gardaí since.

Stapleton, (aged 25) of Hillview Crescent, Bunree Road, Ballina was jailed for six years last June after he pleaded guilty to a more serious charge of intentionally or recklessly causing serious harm.

Mr Hudson was brought initially to St Vincent's Hospital and then transferred to Beaumount Hospital where he was operated on for a severe brain injury but remained in a coma. Doctors feared he might enter a "persistent vegetative state" but in late 2007 he began to show "remarkable progress".

He now lives in the young chronic sick unit of The Royal Hospital, Donnybrook after a period in the National Rehabilitation Hospital. He remained wheelchair-bound, is almost totally dependent and will require lifelong care. Doctors hope he might be able to return to the care of his family in the future.

Judge Katherine Delahunt said she needed time to consider the matter before she revoked Byrne's bail and remanded him in custody until next month for sentence.

Mr Brendan Nix SC (with Ms Marie Torrens BL), defending, told the court that a psychologist report concluded that his client was not likely to come before the courts again.

"He has become somewhat reclusive and is not out and about as much as he had been before. He has kept his bib clean," Mr Nix said.

He told the court that although Byrne denied to gardaí that he had said to Gary Stapleton: "You already floored him, you should not have kicked him while he was down", his client now acknowledged that he had said that.

"He denied it because he said he did not want to be as seen as putting the boot in on his friend," Mr Nix told Judge Delahunt.

In evidence, Sergeant Francis Byrne told Ms Karen O'Connor BL, prosecuting, that Mr Hudson, his cousin Conor Hudson, and other friends were socialising in Dun Laoghaire on St Patrick's night and were finishing up the night outside Abrakebabra on George's Street when a minor scuffle broke out.

There was "some bickering" between Mr Hudson's group and Gary Stapleton, his cousin Ryan Stapleton and Byrne. There were some verbal exchanges and Gary Stapleton was pushed to the ground by Noel Hudson but got back up again and the two groups separated when gardaí arrived.

Hudson's group was followed up Corrig Avenue by Ryan Stapleton demanding an apology. There was some name calling and Noel Hudson pushed Ryan Stapleton to the ground.

This was observed by Gary Stapleton and Byrne who followed Noel Hudson as he walked away, having seen Ryan on the ground.

Byrne and Gary Stapleton then ran towards Noel Hudson and Byrne punched him, dazing him. Conor Hudson then grabbed Byrne and restrained him.

It was at this point that Gary Stapleton struck Mr Hudson with a clenched fist knocking him to the ground where he hit his head. Gary then kicked the victim once in the head as he lay on the ground, before the Stapleton group left the area.

Byrne gave a voluntary statement to gardaí on March 18, 2006. He later denied during garda interview that he had seen anyone kick Mr Hudson.

He said he did not tell Gary that he should not have kicked the victim while he was on the ground, as Conor Hudson had claimed.

Sgt Byrne agreed with Mr Nix that Byrne told gardaí he wanted to apologise to all involved and said: "Your man does not deserve to be where he is."

He accepted that Byrne did not try to hurt Conor Hudson while he was being restrained by him and agreed that Mr Hudson was still standing after the accused struck him.