Assault victim asks judge not to jail his attacker

A student who suffered brain injuries and required 41 stitches to the head after an assault on Grafton Street in Dublin has told a court he doesn’t want his attacker to go to prison.

Declan McGowan (24) was convicted of assault causing harm to Thomas Carter last February but acquitted of the more serious charge of assault causing serious harm. Mr Carter required brain surgery and suffered from bleeding within the skull after being punched and hitting his head on the ground.

At the sentence hearing today the court heard Mr Carter did not want McGowan to be jailed. He described his attacker as a “culprit with a conscience” and noted that he had checked on his condition in Beaumont Hospital and apologised in person.

McGowan, of North Circular Road, Dublin, pleaded not guilty at Dublin Circuit Criminal Court to assault causing serious harm on May 29th, 2011. He was acquitted after the jury could not find sufficient evidence that McGowan caused the serious harm. The jury convicted him of assault causing harm after the charge was introduced during the trial.

Garda Amy Kelly told Garret Baker, prosecuting, that Mr Carter and two friends had been drinking following the Champions League final. An argument developed between Mr Carter and a rickshaw driver on Grafton Street when two of his friends ran away without paying. During the argument, Mr Carter knocked the driver's hat off his head. McGowan then "came out of nowhere" and punched Mr Carter who fell and knocked his head against the ground. McGowan was a friend of the rickshaw driver and mistakenly thought Mr Carter had struck him. McGowan then walked away as the victim lay unconscious.

He was chased by a friend of Mr Carter’s and there was another altercation before McGowan left the scene. The court heard that McGowan became worried about his victim and ran to a nearby ambulance to report the head injury. Mr Carter regained consciousness and went to his girlfriend’s house. The gardaí were not alerted on the night.

The victim later became unwell and started vomiting. He was brought to hospital by ambulance but released the next morning. He again became ill and brain scans revealed bleeding within the skull. An operation was carried out and Mr Carter required 41 staples afterwards. A complaint was later made to gardaí and a media campaign was launched to identify the attacker.

When McGowan heard about the seriousness of Mr Carter's condition, he rang Beaumont Hospital and contacted an Evening Herald r eporter to check up on him. He was arrested soon afterwards.

McGowan, an amateur boxer, was reduced to tears when shown photos of his victim’s injuries and vowed never to punch anyone ever again.

Judge Patricia Ryan adjourned sentencing until May and ordered a probation report.