A CO DONEGAL man now living in Australia has been ordered to pay €4,000 to a man he assaulted in a completely unprovoked attack.
Richard Joseph Doherty (pictured right) didn’t return to Ireland to appear at Falcarragh District Court to answer the assault charges, but had instructed a solicitor to enter a ‘guilty’ plea on his behalf.
And the case started a legal debate, with the presiding District Court judge saying that if he was making laws, he’d argue to make the consumption of drink an aggravating factor in cases rather than a mitigating one.
Judge Conal Gibbons also remarked about how Doherty, from Derryreel but now living in Perth, hadn’t appeared before the court in person whilst his victim, Carrigart man Ferghal Doherty had done so.
Gda Brendan O’Connor told the court, sitting in Letterkenny that a fight broke out outside a nightclub in Dunfanaghy in the early hours of December 5, 2010.
“The injured party and friends were attacked by another group of youths. The injured party had no part in the aggression whatsoever and was entirely innocent,” said Gda O’Connor.
“He was struck in the face twice. The incident was viewed by me, the injured party and the accused on CCTV and the accused readily admitted his involvement.”
Ferghal Doherty had suffered a broken nose in the incident, said the Garda, and required hospital treatment in both Letterkenny and in Sligo.
Richard Doherty’s solicitor Fiona Brown, in mitigation, said that her client had left Ireland in October 2011. He was now working as a plasterer in Perth, Western Australia.
He had been in bother before, she said, but this was mainly road traffic offences with one public order conviction.
“His behaviour was shocking,” said Judge Gibbons.
“I suppose this was about geographical areas? – two different parishes? – are we going back to that? it is quite outrageous.”
The judge asked Ferghal Doherty about his injuries.
“I got over it anyway,” said the victim.
Judge Gibbons said it was “an appalling state of affairs that someone can go out and do this to someone completely innocent.
“This speaks volumes about the modern age.
Commenting on Richard Doherty’s presence in Perth and not before the court in Letterkenny, the judge said: “There was a time when people sere went to Australia after a court case, not before a case appears before the court.”
The judge went on: “In every town where there is entertainment at a nightclub or a large pub, these places have to have very big individuals suitably attired (bouncers) standing outside maintaining order. We are supposed to be progressing and evolving as human beings.
“If you spend time in court you would take serious issue with the theory of evolution.”
When the solicitor said her client had consumed drink on the night in question, Judge Gibbons said: “The problem is with the human, not the drink.
“Your client has to lift it up and put it to his mouth. The drink was voluntarily taken by the client. Drink is an aggravating factor and not a mitigating factor.
“If I was writing laws in this country, I would amend the legislation to state that fact – that the court would see drinking as an aggravating factor.
“I’m very disturbed by your client’s behaviour. I understand that Irish people have to go abroad but if he behaved like this in Australia they wouldn’t tolerate it; in fact most progressive countries would not tolerate it
“Drink is an inert substance. The problem is not the drink – it’s mixing the drink with the human.”
Judge Gibbons used District Court powers to order Richard Doherty to pay Ferghal Doherty €4,000 in compensation for his injuries plus €800 medical expenses. He was also ordered to pay €234 State costs.
He was also fined a total of €350. Richard Doherty will be imprisoned for a total of 104 days if he fails to pay.
If he wishes to appeal the case he must put up a cash surety of €2,000.
“I hope you are none the worse for the awful event that happened to you,” Judge Gibbons told victim Ferghal Doherty.
It’s understood Richard Doherty could now be thrown out of Australia if he fails to pay the compensation and fines and Gardai report that to the Australia authorities.