Cork student compensates 'somewhat disabled' man, 71, for unprovoked assaulted

The defendant's solicitor told the court: "He apologised, day one. He admitted his involvement and he wrote a letter of apology to the injured party"

Judge Kelleher said he had to impose a conviction and a €500 fine. File photo: Larry Cummins

A 71-year-old man walking with the aid of a stick who was assaulted by a student was given €5,000 compensation in court as the young man apologised for the unprovoked attack.

Cathal Daly, aged 22, of Cool Na Conortha, Rossmore, Clonakilty, Co Cork, pleaded guilty to a charge of assault causing harm to the man at Coolgarten Park, Glasheen Road on September 19, 2020.

Defence solicitor Colm O’Rourke said it was an out-of-character incident.

Judge Olann Kelleher said at Cork District Court: “It is a very serious charge.” Mr O’Rourke said: “He is 22 years old. He apologised, day one. He admitted his involvement and he wrote a letter of apology to the injured party before he took any (legal) advice. And he has brought €5,000 to court.” 

Judge Kelleher said: “This was a 71-year-old man minding his own business and he was in a somewhat disabled condition. He (the defendant) was under the influence of drink and drugs.” 

Mr O’Rourke said: “The victim has indicated he did not want it to have a negative impact on him (the defendant).” 

He added that the probation report had put the accused at a low risk of re-offending and that the counsellor with whom Daly dealt described the young man in favourable terms.

Judge Kelleher also acknowledged the absence of previous convictions but said he had to impose a conviction and a €500 fine. Recognisances of €500 were set in the event of an appeal.