'Everything was taken from me': Cork man charged with assault of student that caused permanent brain damage

Victim told court he was unable to return to college, play sport, had epileptic seizures, and had lost his sense of smell and taste

Judge said: 'The consequences are desperate for Mr Dunford. I will think about this. I will give my sentence on Monday.' Picture: Larry Cummins

Devastating consequences arose from an assault in Cork city centre, where a group of young men on a work night out and a group of students celebrating their win in a rugby match got involved in an altercation.

One of the men involved in the incident, 22-year-old Louis Herdman, is facing sentencing on a charge of assault causing serious harm. 

The injured party James Dunford said: “My life and future is now one of medical visits, financial and general uncertainty. A lot of unknowns — my career, earning potential, my relationships, epilepsy, fear of certain environments. I'm always going to have brain injury and this is always going to affect me and everyone who loves me.” 

Judge Dermot Sheehan said there was a lot to consider in the case and he adjourned sentencing of Louis Herdman until November 24 at Cork Circuit Criminal Court.

Judge Sheehan said: “This is a very difficult matter where the accused has struck the unfortunate victim with considerable force but notwithstanding the striking with considerable force, it is not that which causes us to be here. 

"What really brings us here is the injury to the brain which — from reading the reports — must have come from striking the ground. The consequences are desperate for Mr Dunford. I will think about this. I will give my sentence on Monday.” 

Detective Garda Bryan Murphy charged Louis Herdman, of River’s Edge, Clash Road, Cork, that on February 8, 2024, at Grand Parade Cork, he intentionally or recklessly caused serious harm to 21-year-old James Dunford, contrary to Section 4 of the Non-Fatal Offences Against the Person Act. The defendant pleaded guilty.

Det Garda Murphy said: “The defendant struck Mr Dunford three punches. The third punch was the punch that knocked him backwards, resulting in him falling back and hitting his head off the floor, causing not all of the injuries but causing the most serious injuries.” 

It was a work night out for Louis Herdman and his friends, and James Dunford was with college friends after a match. 

“Unfortunately, the two groups tangled and this occurred as a result of that.” 

Jane Hyland, defence senior counsel, said Herdman completely accepted responsibility, expressed his apologies and remorse and brought €20,000 compensation to court for the injured party. 

Ms Hyland said the young man was presently doing a master’s degree and worked hard to raise the compensation. She said the defendant only became involved on the night in a misguided attempt to intervene for his friends, who were being struck during the interaction with the other group.

Victim impact statement

Mr Dunford said in his victim impact statement that he had been very active in GAA in Waterford and in college, and also played college rugby.

“All of that came to an abrupt end on the night of February 8, 2024, when I was the victim of an assault by Louis Herdman. Everything was taken from me and I genuinely no longer have a vision of what my future looks like.

“I am no longer allowed play sport for the foreseeable future, due to the risk of injury, to the point that I can’t even cycle a bicycle at the moment through medical advice. A knock to the head can have me back in the brain trauma unit in CUH.

On the night, I sustained serious skull fractures, brain bleeds and frontal lobe damage. My medical team have said that I will always have a brain injury. Time will tell what that means for me.

“I have no longer a sense of smell and taste, I have been told by my consultant that these are lost forever, as they are not prepared to risk surgery, that the risks outweigh the potential improvements.

“The psychological fallout is much worse, and the reason I lie awake at night thinking and worrying about my future.

“I tried to return to college — maybe against the advice of my neurological team — but I was in an extremely low place mentally since my release from CUH. I spent months sitting in my house day after day trying to make sense of why I was in this situation. Every day, I was constantly reminded that my life has changed for the worse and I don't know who I am anymore or where my future now leads.

“Seven months after this assault, I attempted to go back to college but again this was met with challenge after challenge, between memory retention, being constantly tired and feeling extremely low mentally and physically.

“I am on medication to control seizures and again this is with me forever. Who knows what the future holds as regards epilepsy — another reason why I say that night I received a life sentence. 

"I had to give up on my dream to return to college which has been the hardest part of this hell and I can no longer look forward anymore but take everything day by day hoping tomorrow I won't have a new issue to deal with or that any existing issues don't get worse.”