Man avoids jail for his part in 'absolutely vicious' attack on lone victim on busy Cork street

The court heard that the defendant, having been asked if he considered the attack to be violent he said, ‘violent would be an understatement’.

The judge gave him six months suspended on condition that he keeps the peace and is of good behaviour for two years. File photo: Larry Cummins

An attack by four men on a lone victim on a busy street in Cork city centre in the early hours of the morning was described on Thursday by the sentencing judge as “absolutely vicious.” Sergeant Pat Lyons outlined the background to the offence which occurred at Winthrop Street, Cork, at around 3am on February 9, 2019.

21-year-old David Buckley of Cromoge, Dromcollogher, County Limerick, pleaded guilty to engaging in a violent disorder arising out of the incident, where he and three young men were seen attacking another young man.

The victim who sustained punches and kicks to the head and body in the attack, did not make a complaint of being assaulted. However, Buckley and others involved in the crime were prosecuted for engaging in a violent disorder. Sergeant Lyons said the entire incident was captured on An Garda Síochána street CCTV cameras.

“The entire incident was observed by gardaí. One man was targeted by this group and assaulted. He received punches and kicks from the defendant and three other males. He received kicks to the head and body while on the ground. He received a total of nine kicks and two punches.

“He was struck when he was defenceless on the ground. The gentleman who was subject of assault did not make a complaint. He did not receive serious injuries.

“David Buckley made full admissions to his part in this. He admits that he threw the first punch as a result of something said to him, to which he took offence.

“Having been shown CCTV and asked if he considered it to be violent he said, ‘violent would be an understatement’. This all happened in a busy area at three o’clock in the morning when people were leaving various nightspots. He identified himself and accepted his role in the incident,” Sgt Lyons said.

Frank Buttimer defence solicitor said the accused had just turned 18 at the time of the incident on Winthrop Street.

Judge Olann Kelleher noted that on the last occasion the accused was undoubtedly facing a jail sentence. Mr Buttimer reminded the judge that it was put back to see what progress he would make with the probation service. The judge accepted that David Buckley had made progress since the matter was adjourned last October.

“I have to say he was facing jail. But he has made progress. He has done something good for himself in the meantime. He has made remarkable progress,” Judge Kelleher said.

“His plan is to go back and do his Leaving Cert,” Mr Buttimer said.

Judge Kelleher said: “On the other side, it was an absolutely vicious assault in the middle of Cork city. 

Other people in the area were afraid to intervene with these young men attacking another man who got nine kicks to the head and body.

“The court cannot condone violent on the streets of Cork. I cannot forget the nature of the assault.

“He did everything required of him by the probation service. In the circumstances, I will give him six months suspended on condition that he keeps the peace and is of good behaviour for two years.

“If he does not take the chance given to him now he is a foolish young man because this merits a custodial sentence.”