An avid and talented footballer who smashed a vodka glass in a man’s face after the victim mistook a girl in a nightclub for someone he knew has been given a suspended sentence.
Lee Moore (aged 24) was left with multiple cuts to his face, which included a severed artery around his jawline, after Neil Mulvey (aged 21) struck him with the glass.
Mulvey of Shamrock Lodge, Glencullen, Co Dublin pleaded guilty to assault causing serious harm at Rodeo Joe’s in Churchtown on November 3, 2010. He had no previous convictions.
Judge Martin Nolan sentenced Mulvey to three years at Dublin Circuit Criminal Court which he suspended in full on the condition that he hands over €17,000 as a token of his remorse to the victim in the next 18 months.
The court heard that Mulvey already had €10,000 euro for Mr Moore, €7,500 of which he had saved himself. His siblings loaned him the balance.
Judge Nolan described the case as “grim” but accepted that Mulvey was a disciplined sportsman who met the case as best as he could.
He said he was satisfied that Mulvey was unlikely to come before the courts again and asked was it “absolutely necessary in this case to imprison him for what he has done?”
Judge Nolan said “any assault with a glass is a serious one” but said it was his decision not to impose a custodial sentence, “principally because of his good record and his clear remorse”.
Garda Patrick Murray told Ms Tara Burns BL, prosecuting, that Mr Moore approached a girl in the nightclub, tapping her on the shoulder, because he thought he knew her.
When he realised the girl was a stranger, he exchanged “some pleasantries” with her before another man, not Mulvey, tapped him on the shoulder, shook his hand and introduced himself.
Gda Murray said Mr Moore was aware this “introduction” was due to the fact that he had been talking to this girl. He then received two blows to the back of the head.
Mr Moore walked away from the man, because he did not want the incident to escalate, and returned to his group of friends. One of his friends knew Mr Moore’s attacker so he alerted the security to the situation and the man was taken out of the club.
Mulvey, who was with this other man, approached Mr Moore and attempts were made “to settle” the incident.
Gda Murray said the next thing Mr Moore knew he was on the floor bleeding profusely.
One of the victim's friends recognised Mulvey as the attacker and followed him in an attempt to identify him to the gardaí but he had left the premises.
Mr Moore was taken to hospital by ambulance where he was treated for the lacerations to his face.
Gda Murray agreed with Ms Isobel Kennedy SC, defending, that her client told gardaí in interview that he had “consumed an enormous amount of alcohol” that night, more than he normally would drink.
He accepted that he was “an avid and very talented footballer” who had expressed a high level of remorse.
Mulvey told gardaí: “I feel there is nothing I can say. I can’t imagine how he feels. If there was anything I could do for him I would.”
Gda Murray agreed with Ms Kennedy that the assault was “out of character” for Mulvey, that he accepted total responsibility and had given gardai a letter he had written for Mr Moore.
Ms Kennedy told Judge Nolan that the Mulvey family were devastated by the assault and the fact that their son “could have done what he has done”.
She said her client was a business studies student in Tallaght IT and works part-time with a clothing company.
Ms Kennedy said Mulvey was deeply, deeply remorseful and had a “high level of insight into the crime”.