Mark Connolly (25), Stephen McNamee (25) and his partner Natalie Mulligan (33) chased Paul O'Kelly from a takeaway and then punched and kicked him as he lay on the ground.
Connolly of St Columbanus Road, Dundrum, Dublin, McNamee of Mulvey Park, Dundrum and Mulligan of Columbanus Estate, Dundrum pleaded guilty to assault causing harm at Rathgar Road, Rathmines, Dublin on April 24th, 2018.
Garda Ciaran O'Brien told Dublin Circuit Criminal Court that at around 2.30am that night the victim had been refused entry into a pub in Rathmines.
He said that Mulligan was standing outside the pub eating a kebab which she had bought in the nearby chipper. Mr O'Kelly spoke to her and made “a derogatory comment related to her weight and her eating a kebab”, Gda O'Brien said.
There was then some “pushing and shoving” between the pair and some members of a local GAA club who were out celebrating “waded in”. Gda O'Brien said that punches were being thrown “from all sides” and that Mulligan's cousin Connolly and her boyfriend McNamee came out of the pub and joined in the fracas.
Mr O'Kelly later told gardaí he knew he was outnumbered and ran off, telling them: “I'm brave but I'm not stupid”.
He ran off and the three accused chased him. The victim had reached the car park of the Rathmines garda station when Connolly punched him in the back of the head, knocking him to the ground.
Footage from the garda station's CCTV was played in court and showed the victim falling to the ground and the three defendants attacking him as he lay on the ground.
The court heard McNamee landed punches and kicks while Mulligan kicked him three times, the third kick to his head.
Renewed attack
The attack stopped but as the victim tried to get up he grabbed at Mulligan, pulling her top and exposing her in some way. The court heard that “things kicked off again” with all three attacking Mr O'Kelly on the ground again.
Judge Karen O'Connor said the footage made for “very disturbing viewing”. She noted that all three defendants and the victim were intoxicated and said that the victim's behaviour was not “at his optimum” on the night.
She noted the three defendants were all “hard workers” with jobs and none of them had any other convictions. She also noted their expressions of remorse and disgust at their actions on the night.
The judge placed all three on a bond to keep the peace until January 15th next when she said she intends to order them to carry out 100 hours of community service in lieu of a one-year prison term.
She said she did not want to limit their opportunities in the future, noting their young age and their future potential.
Judge O'Connor noted that each defendant had brought €1,500 to court to give to the victim as “a practical expression of remorse”.
