Two young men have been jailed in connection with an incident where a young man was so viciously assaulted that he had to get dental implants.
Det Garda Sinead O’Donovan told a sitting of Cork Circuit Criminal Court the man, who was attacked in the early hours of August 6th, 2023 in Midleton, Co Cork, still feels unsafe when he is in public.
He was diagnosed with anxiety and depression arising out of the unprovoked attack on Main Street in Midleton. On a physical level he still suffers from a lack of feeling in his bottom lip and has difficulty with both hot and cold drinks.
Kelvin Lynch of Cleenagh, Ballymagan in Buncrana, Co Donegal and Tyrese Emerhu of Avoncore Place in Midleton, Co Cork have been jailed for a year and 2½ years respectively in connection with the attack which occurred on August 6th, 2023 in Midleton.
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Both Lynch (19) and Emerhu (23) pleaded guilty to charges of assault causing harm and violent disorder.
Det Garda O’Donovan said that the two men were among a group of four people who carried out the assault on the Main Street in the town at 1.20am on the date of the offence. CCTV was harvested from the scene.
The victim spent five days as an inpatient at Cork University Hospital in the aftermath of the incident having suffered a fractured jaw and fractured ribs amongst other injuries. Det Garda O’Donovan said that there was “no history of animosity” between the young men and the injured man.
Judge Dermot Sheehan was told that Emerhu made full admissions when he was arrested in connection with the incident. Lynch did not make admissions when he was interviewed by Gardaí but subsequently entered a guilty plea.
The court heard that Lynch decided to move to Donegal to live with his father in the aftermath of the attack in order to change the course of his life.
Emerhu has seven previous convictions including a conviction for assault while Lynch has 22 previous conditions, including one for violent disorder.
Barrister Alan O’Dwyer, BL, representing Emerhu said that his client was experiencing family difficulties at the time of the offence. He indicated that Emerhu was remorseful for his actions which occurred when he was highly intoxicated.
Mr O’Dwyer also told Judge Sheehan that Emerhu was financially providing for his younger siblings. The 23-year-old is employed as a tree surgeon.
Defence Barrister Andrea Gilligan, BL, for Lynch said that her client now works as a plasterer in Donegal. He has not come to Garda attention since the incident occurred.
Ms Gilligan said that her client accepted the case was serious and apologised for his actions. Both men brought compensation of between €1,000 to €1,500 to court. It will be handed over to the victim in the case.
Judge Sheehan noted that Lynch was 17 when the assault occurred and had lesser involvement in the incident than his co-accused.
However, he emphasised it was a grave offence in which the victim sustained a fractured jaw, a fractured cheek bone and damage to his eye socket and ribs.
Judge Sheehan jailed Lynch for three years suspending the last two years of the sentence. He jailed Emerhu for 3½ years but suspended the last 12 months of the sentence.
The different sentences were a consequence of the the less significant role played by Lynch in the assault. Judge Sheehan also said that he was conscious Lynch was under the age of 18 when the offence took place.
