Mark O’Donnell enjoys a cigarette break during a break in proceedings. Copyright NorthwestNewsPix
A MAN who beat his victim with a broken pool cue has been given community service after pleading guilty to the offence.
Mark O’Donnell, who is 38 and from Gaddyduff, Clonmany, appeared at Letterkenny Circuit Court to admit the attack in Carndonagh on November 15, 2009.
In January he was cleared of a similar offence after another man refused to testify against him in front of a jury.
But instead the case was dramatically stopped – and started – and stopped again after the alleged victim told the jury he didn’t want the case to go ahead.
Conor O’Neill, from Clonmany, had told told the jury: “I don’t want this case to go ahead. I have no problem with this man anymore. I told them (the prosecution) this outside, that I want it ended.”
Judge John O’Hagan instructed the jury to find O’Donnell not guilty.
In the case before the court this week, the court heard victim David O’Connor needed nine stitches to a head wound after being attacked by O’Donnell.
A medical report also noted that Mr O’Connor was “lucky” not to have suffered a serious brain injury.
Judge O’Hagan said O’Donnell had pleaded guilty in this case.
He said the accused no longer appeared to have a problem with alcohol and had not come to the attention of gardaí in recent times.
He also noted a previous conviction for assault in 1999 was “quite some time ago now.”
Barrister Damian Crawford said O’Donnell had €5,000 in court as compensation for Mr O’Connor.
The judge ordered that this be given to Mr O’Connor.
He sentenced O’Donnell to one year in prison, but substituted 100 hours community service.