A man who assaulted another man outside a hotel in Co Donegal has avoided jail after paying his victim €7,500 in compensation.
Gary McMenamin (43) pleaded guilty to the attack on David Porter outside the Allingham Arms Hotel in Bundoran, which left the victim with a fractured eye socket.
McMenamin approached Mr Porter in a drunken state inside the hotel's nightclub, claiming their fathers had fallen out many years previously.
The accused appeared at Donegal Circuit Court in connection with the assault, in which he "reigned down blows" on Mr Porter in the early hours of September 22nd, 2019.
The court was told the accused, who had consumed eight pints and six shorts on the night in question, "lost control" when he drank a certain type of alcohol.
McMenamin initially approached Mr Porter inside the hotel disco, claiming there had been a dispute between their fathers. However, bouncers had intervened.
Mr Porter left the hotel with two friends, but was set upon outside by McMenamin, who struck the victim with several punches.
Mr Porter was bleeding heavily and was taken to Sligo University Hospital before being transferred to Altnagelvin Hospital in Derry for treatment to his fractured eye socket.
Mr Porter, from Castlefin, Co Donegal, told the court he is a farmer and still suffers from double-vision on occasion as a result of the unprovoked attack.
In his victim impact statement, he said he had to have a titanium plate fitted, and sometimes still finds it difficult to do ordinary tasks on the farm.
He told the court that although he knew McMenamin to see, he did not know him personally.
Alcohol
Following his arrest, McMenamin, of Hillview park, Castlederg, Co Tyrone, told gardaí he had drunk a lot of alcohol, but initially claimed it was Mr Porter who took the first swing at him. He later admitted this was not the case.
Under questioning by his own barrister, Peter Nolan, McMenamin said he had consumed eight pints of beer and six vodkas on the night, adding that he had issues when he drank spirits.
McMenamin said he was very sorry for what he had done to Mr Porter, adding that if he could go back and change things, he would.
The accused is a carer for his 79-year-old father and works when he can, the court heard, and he brought €2,500 to court as a gesture of compensation to his victim.
The court heard he has one previous conviction for assault, which dated back to 2009.
Mr Nolan said his client had consumed a lot of alcohol and had initially thought Mr Porter had initiated the disagreement, but upon viewing CCTV footage, realised this was not the case.
He added that the probation report showed his client was at a low risk of reoffending, but did say that when he drank the wrong type of alcohol he lost control.
Mr Nolan said he was asking Judge John Aylmer to consider the apology offered by McMenamin when considering his sentence, and also the compensation offered to the victim.
Passing sentence, Judge Aylmer said he placed the attack in the mid-range of such offences and one which merited a prison sentence of three years before mitigation.
In mitigation, the judge said McMenamin had entered an early guilty plea, is now remorseful, and had brought €2,500 to court by way of compensation.
He added the accused was also a carer for his elderly father, continues to work part-time as a bricklayer, and was under the influence of alcohol on the night.
The Probation Services said there was also a low risk of McMenamin reoffending, and for all these factors combined, he said he was reducing the headline sentence to one of two-and-a-half years.
However, noting the victim is not averse to receiving the compensation, Judge Aylmer said he intended to hold his hand on the matter, but wanted McMenamin to increase the compensation offered to €7,500.
He adjourned the final sentencing for a year, stating that if the compensation is paid then he would suspend the sentence in its entirety.
McMenamin returned to court on Tuesday, and the court was informed that the amount had been paid to the victim in full.
Judge Aylmer imposed the two-and-a-half year sentence, but suspended it in its entirety, ordering McMenamin to keep the peace and be of good behaviour for the duration of the suspended sentence.
