A group of youths who broke a teenager's fingers in south county Dublin told him not to mess with lads from their school again, a court has heard.
One of the group of perpetrators, Luke Daly (23), has had his sentence deferred after he pleaded guilty to simple assault at Rock Road, Blackrock, Co Dublin on December 7, 2019.
Daly, of Booterstown Avenue, Booterstown, Co Dublin, was one of ten or 20 youths who set upon the victim in what a judge said “may have been a case of mistaken identity”.
Daly admitted grabbing the victim's jacket and pulling him to the ground. However, gardaí could not say that he had any role in kicking or hitting.
The victim suffered three fractured fingers when he was kicked by some of the youths as he went to get the Dart home after attending a house party.
At Dublin Circuit Criminal Court on Wednesday, Daly was ordered to keep the peace and be of good behaviour pending sentence next April.
Judge Orla Crowe said the offence would warrant a sentence of two months, but that she intended to dispose of the case under Section 100 of the Criminal Justice Act.
Daly was also ordered to pay the victim the sum of €3,000, which he had offered as a token of his remorse.
Judge Crowe said the victim in the case was “entirely innocent and blameless” and simply should not have been subject to attack.
House party
Garda Eoin O’Mahony told Alison Fynes BL, prosecuting, that the victim went to a house party in Booterstown on the night, then left with some friends and his girlfriend to go to Domino’s Pizza.
The victim told gardaí that shortly after 11pm, he was walking his girlfriend and two other friends towards the Dart station, when he saw a group of 10 or 20 lads walking behind them.
Some of the group grabbed his friend, saying: “Can we have a chat?” and then pulled him to the ground.
The victim said he ran to help his friend and then a lad ran after him, pulled him to the ground and a group began kicking him in the ribs.
He asked them were they done and they replied: “Don’t mess with lads from (a particular school).”
The victim's friends gave similar statements, describing the large group as saying “You won’t mess with (a named school) again.”
The court heard there had been an altercation earlier on at a house party which did not involve either the victim or his friends.
Daly was arrested and admitted to grabbing the victim’s jacket and pulling him down. He told gardaí pushes were exchanged and that the victim was on the ground when he left.
The court heard that the large group of males had incorrectly assumed that the victim and his friend were part of a rival school.
Daly had just turned 18 at the time, while the rest of the group of perpetrators were all underage.
One of the other members of the group was assigned a Garda Junior Liaison Officer but no-one else was identified or prosecuted.
The victim did not wish to attend court or make a victim impact statement, the court heard.
The judge noted the large number of testimonials on Daly’s behalf and described him as a person of considerable academic and musical talent.
“He has not come to any adverse attention since and has devoted his life to study. This was manifestly out-of-character. Gardaí have no concerns about this man,” added the judge.
Daly is due back before court next March 10th for mention and final orders will be made on April 10, when the case will be disposed of, if Daly has met all conditions.
