Footballer sentenced for assault that happened 13 years ago; victim happy he's now taking 'right road in life'

By Fiona Ferguson and Jessica Magee

A talented footballer has been sentenced to community service in lieu of time in prison for an assault he took part in as a teenager 13 years ago.

Stephen “Hoppy” Kinch (29), previously known as Stephen Cleary, was initially due to be sentenced for the offence in 2006 but failed to appear on the day and a bench warrant was issued.

Kinch, who has been involved with Crumlin United Football Club and Inchicore Athletic, had remained living in Tallaght, Dublin but garda checks had not located him as he did not come to any further garda attention and never drew social welfare.

Dublin Circuit Criminal Court heard he began using his mother's surname - Kinch - as he had no relationship with his father.

Kinch, of Tymon North Road, Tallaght, pleaded guilty to assaulting Gary Byrne in Tallaght on March 17, 2004. He has no previous convictions and was aged 16 at the time of the assault.

Sergeant Brian Dineen told the court that Mr Byrne, who was not present in court, had expressed a wish that Kinch would not receive a custodial sentence.

Mr Byrne also passed on the message via Sgt Dineen that he was delighted that Kinch was taking the right road in life and was happy that the case had come to a conclusion.

Judge Karen O'Connor said she was very grateful to hear Mr Byrne's views and said he was “very generous and very compassionate”.

She sentenced Kinch to two and a half years in prison but suspended the sentence in full and ordered him to complete 240 hours of community service.

“Mr Kinch is a different man today,” she said.

The court heard Mr Byrne was willing to accept the sum of €6,000, which was handed over in court by counsel for Kinch.

The judge said it was Mr Byrne's view that Kinch had struck him in the face with an iron bar during the incident. She noted Kinch had denied using the iron bar but admitted head-butting Mr Byrne during the attack. She said it had been a violent attack on a young man outside his home.

Judge O'Connor said Kinch was now much older, in full-time employment and involved in voluntary and charity work.

Sgt Dineen previously told Dean Kelly BL, prosecuting, that he was on mobile patrol in the Tallaght area when he came upon a group in a green area and saw a fight. He approached the group and saw Mr Byrne in a distressed state, bleeding from his nose and mouth.

Sgt Dineen saw a blood-stained bar on the ground, which appeared to be a handlebar from a child's scooter.

Mr Byrne told gardaí he had gone outside to investigate after hearing a noise at 11.30pm and saw six people, one girl and six males, in the green shouting at him. He asked them if they had thrown something at his sister's car and the group pushed the girl towards him.

Mr Byrne said a male he identified as “Hoppy” came towards him waving an iron bar. He said he was hit in the face with the bar while another man head-butted him, got him in a headlock and hit him.

He said he got free and began backing away as he was afraid to turn his back on the group to run. His sister and her boyfriend came to his assistance. He said his sister was being attacked by the girl when gardaí arrived.

Mr Byrne sustained a broken nose and broken little finger. His upper front teeth were pushed back, his jaw swollen and his lip cut. He said he did not hit back at the attackers and had just tried to get them off.

Sgt Dineen said Kinch was arrested and interviewed. He acknowledged he had been involved in the altercation, but denied at all stages hitting Mr Byrne with the iron bar. “I gave him a loaf,” he told gardaí, accepting that he had head-butted Mr Byrne.

Sgt Dineen agreed with Sarah Jane O'Callaghan BL, defending, that Kinch was the only person identified. He said he had moved out of Tallaght garda station in 2008 and that he had checked Pulse and the Department of Social Welfare from time to time but Kinch did not appear.

Ms O'Callaghan handed in a number of letters and testimonials as well as newspaper clippings relating to his football playing career. Kinch also wrote a letter of apology to the court.

She said her client had a very troubled background and had been an angry child who made wrong choices. She said he was now a father, in full-time employment, and had not put a foot wrong since.

Ms O'Callaghan said he was very remorseful and was ashamed for not coming forward earlier in relation to the case.