Two Dublin men who “stomped” on the head of their victim while he was lying on the ground leaving him with a serious head injury have avoided a jail term.
The victim Philip O’Hanlon (27) was later treated for a clot in his brain. He spent a total of 20 days being treated in three different hospitals, was out of work for a year and is still on anti-seizure medication.
Aaron Lambe (22) of Swords Road, Whitehall, had come forward from the District Court to Dublin Circuit Criminal Court on signed pleas of guilty to assaulting Mr O’Hanlon causing him harm on Eustace Street on June 17, 2012. He later confirmed these pleas before Judge Mary Ellen Ring.
Ryan Richardson (21) of Buttercup Park, Darndale pleaded guilty at Dublin Circuit Criminal Court to the same offence. Lambe has no previous convictions, while Richardson had six previous convictions for public order offences.
One witness later told gardaí that Lambe was the ringleader and said it all kicked off because of tension on the dance floor.
“The victim’s head was on the kerb and four people were stamping on his head,” this person told gardaí. They said they could see Mr O’Hanlon’s eyes rolling in his head and they thought he was going to die.
Another witness identified both Richardson and Lambe and described the men as kicking the victim in the face and delivering “stomps” to his head.
Richardson told gardai he had spent around €100 on drink that night and had taken a small amount of cocaine. Lambe also said he was drunk and had a vague memory of the fight. Both men told gardai they didn’t kick the victim in the head.
Judge Ring expressed surprise when it was confirmed the Director of Public Prosecution had directed that the case could be dealt with in the District Court. The District Court judge refused jurisdiction and sent the case forward to the Circuit Court.
Judge Ring said the head injuries occurred when Mr O’Hanlon was on the ground and no longer a threat to anyone. She noted that the attack has “altered the course of the victim’s life” but accepted that it was a not “a gang type of attack” nor was it pre-meditated.
She handed down a two and half year sentence which she suspended in full on the condition that both pay €3,500 each over to the victim, in three separate instalments, by June 30, 2017.
Garda Wayne Donnelly told Seamus Clarke BL, prosecuting, that Lambe and Richardson had been in the Mezz Bar in Temple Bar along with Mr O’Hanlon and there was some interaction between the three in the club.
Outside the nightclub Mr O’Hanlon was punched to the head and face but he managed to move away from the group.
Lambe followed him informing him that he was “the fella who fucking kicked your head in” before he pulled Mr O’Hanlon by the collar and tried to punch him. The victim later admitted to gardaí that he “threw a few punches, because I thought I would get a beating if I didn’t protect myself”.
Mr O’Hanlon moved away again but Richardson’s and Lambe’s group charged towards him before he was dragged to one side of a parked car.
He fell to the ground and he was kicked in the face and his head was stamped on.
Gda Donnelly agreed with Justin McQuade BL, defending Lambe, that he was both co-operative and honest with gardaí and demonstrated genuine remorse from the outset.
Lambe told the court he was disgraced and disappointed by his behaviour. He said he had witnessed himself how a head injury can impact on someone because his friend had been through a similar experience.
“I would not like it to affect him mentally but I was happy to hear he had physically recovered,” Lambe said.
Gda Donnelly agreed with Michael Hourigan BL, defending Richardson, that his client could not believe what had happened when he later viewed the CCTV footage of the assault in the garda station.
He accepted that it was a once off incident for Richardson which was entirely out of character.
Mr O’Hanlon initially spent five days in St James’s Hospital before he was discharged. He returned to the hospital two days later complaining of headaches and nausea but was discharged again.
He went to Tallaght Hospital, three days after that, and spent four days there before he was transferred to Beaumont Hospital were it was discovered that he had a brain clot. He spent ten days there before he was discharged.
He was later put on anti-seizure medication and was deemed unfit to drive. His job at the time involved driving so he had to take long term sick leave. He took redundancy after eight months but has secured a new job since.
Gda Donnelly said Lambe was arrested at his home on December 10, 2012 and later interviewed.
He told gardaí that he was punched and his tooth was chipped and his lip was burst. He admitted that he had been wrestling and fighting someone on the ground but claimed it was not like him to kick a man when he is down.
He was shown CCTV footage of the assault and accepted it showed him but denied that he had kicked Mr O’Hanlon in the head.
Richardson was arrested at his home on March 12, 2013 and was shown CCTV footage of the assault during his garda interview. He pointed himself out and said he was ashamed and couldn’t believe it was him.
He said it wasn’t in his nature to get involved in fights. “There is no point in sitting for hours trying to spin myself out of this,” Richardson told gardaí before he added that if it hadn’t been for drink he would not have been involved.
