Three youths who violently assaulted a man, resulting in his death six days later, have been jailed for three years by Judge Elizabeth Dunne at Dublin Circuit Criminal Court.
Philip Quinn (22), formerly of Le Fanu Drive, Gareth Martin (21), of Ballyfermot Road, and Anthony Brennan (20), of Rossmore Avenue, all Ballyfermot, each pleaded guilty to violent disorder and to assault causing grievous harm on December 27th, 1998.
The victim, Martin Devoy (25), of Ballyfermot Drive, died on January 2nd, 1999, from injuries he sustained during the assault.
Det Sgt Gabriel O'Gara told Mr Liam Reidy SC, prosecuting, that the victim was queuing with his girlfriend in a take-away on Ballyfermot Road on the night of the incident. A man, who was not before the court, entered the take-away and proceeded to skip the queue. Mr Devoy remonstrated with him and the man left the shop and met up with friends outside.
Det Sgt O'Gara said that from outside the shop the man began to shout obscenities at Mr Devoy, who eventually walked out to confront him.
The three defendants got involved in the argument and one of them punched Mr Devoy twice in the face. He fell to the ground but managed to regain his feet.
Det Sgt O'Gara said the altercation moved to the edge of the road, where the three men began to punch Mr Devoy again. He grabbed one of them to defend himself but fell, hitting his head on the side of the footpath. The garda said he believed Mr Devoy was kicked while on the ground.
The three men ran off and Mr Devoy's girlfriend, Ms Siobhan Leonard, summoned assistance. Mr Devoy died in hospital six days later.
Judge Dunne noted that the Deputy State Pathologist, Dr Marie Cassidy, reported he died from an internal injury caused when his head hit the ground.
Mr Hugh Mohan SC, for Quinn, said his client came forward on January 3rd, 1999, to make a statement following consultation with his father. He had suffered from severe depression since the offence took place.
Det Sgt O'Gara had earlier said that all three accused disappeared from the Ballyfermot area following the incident and the subsequent Garda investigation. Mr Mohan, along with Mr Marc de Blacam SC, for Martin, and Ms Caroline Biggs BL (with Mr Martin Giblin SC), for Brennan, all told of the devastating effects the incident had on their clients.
They said the men were deeply regretful and remorseful for their actions. Det Sgt O'Gara agreed with Mr Mohan that he believed all three were unlikely to offend again and that their remorse was genuine.
Judge Dunne described the incident as an appalling tragedy which devastated the lives of so many people. She had received a letter from Mrs Marie Devoy, mother of the deceased, which kept referring to the incident as the murder of her son and she found it difficult to quarrel with her use of that word.
Judge Dunne said she could only deal with the evidence and the charges that were before her and she felt it was clear that Mr Devoy did not die as a direct result of the assault.
"Society demands that the courts punish offenders in such crimes and I therefore have no alternative but to impose a custodial sentence in this instance. It would be wrong of me not to do that," she said. "I will, however, take into account the guilty pleas and the way that the three have met the case."
She suspended the last six months of the sentences because of the mitigating factors.