Kerry footballers have convictions overturned for violent assault
Ronan Buckley had entered a guilty plea to the Section 3 charge under the Non-fatal Offences Against the State Act at the District Court in June. Photo: Michelle Copoper Galvin
Two well-known footballers in Kerry have had their convictions overturned for what was previously described as a violent assault during a night out in Killarney.
Ronan Buckley, 23, of Lahard, Beaufort, Killarney, a Kerry senior footballer, and Christopher O'Donoghue, 22, of Inch, Clonkeen, Killarney, an East Kerry footballer, had entered guilty pleas to the Section 3 charge under the Non-fatal Offences Against the State Act at the District Court in June.
They admitted assaulting Dan McCarthy, a father of two, a tradesman and musician, causing him harm, at Church Lane, Killarney, on October 22, 2018.
Mr McCarthy, 40, had been trying tried to assist an older friend whose food had been knocked out of his hands in “tomfoolery” which had led to the incident.
He was attacked with blow after blow raining down on his face, the District Court had heard in June. CCTV of the incident near the Ross Hotel had taken a number of minutes to view.
Both men had convictions imposed by Judge David Waters and were fined.
When their appeals came before the Circuit Court in Killarney, solicitor Padraig O'Connell asked for the Probation Act to be applied on a number of grounds.
Mr O’Connell said his clients had no previous convictions and had not come to notice since and were unlikely to re-offend. A conviction would have a detrimental impact on Mr Buckley's hope of securing teaching placement, the solicitor also said.
They were high-profile role models, gave a lot to their communities and were high academic achievers, he said.
Mr Buckley and Mr O'Donoghue provided a further €5,000 in compensation, bringing to €10,000 the amount given to the victim.
Judge Terence O'Sullivan noted the earlier guilty pleas, along with the number of positive references and testimonials about the accused men, which were given to the court as well as the significant compensation.
The judge granted Mr O'Connell's application for the Probation Act to be applied, leaving the accused without a conviction and overturning the previous conviction.
In June, the District Court had heard how the pair had played a match that day and had been drinking before the incident.
The victim and those with him were “in no way to blame”, Judge David Waters had said, refusing to apply the Probation Act after viewing CCTV footage.
The victim Dan McCarthy, from Killarney, had said he felt under pressure during the court case because his aggressors were well-known footballers.
“Every time I’m out, I get taunted. People would say sly remarks or comment about ruining the men’s lives and how could I live with myself doing so," he had said.
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