A judge has directed that a woman who assaulted a former friend in a pub five years ago be assessed to see if she is suitable for community service.
Judge Martina Baxter ordered the Probation Service on Tuesday to carry out an assessment of Amy Bergin (29) to consider her suitability for community service.
Bergin, of Tulip Court, Darndale, Dublin 17, pleaded guilty to one count of assault at the Cock and Bull Pub, Coolock on February 3rd, 2019.
Garda Eoin Duffy told Tessa White BL, prosecuting, that the injured party and Bergin were socialising separately in the pub on the night in question. Both women knew each other and a discussion between them escalated.
The court heard that the victim felt Bergin make a flicking or scraping action on her face. The injured party went to get her jacket to leave. She noticed Bergin beside her attempting to continue their earlier conversation.
Bergin then threw a drink in the injured party's face, who felt burning in her eyes and something pushed against her face.
The victim grabbed Bergin's hair and Bergin grabbed hers. A bouncer intervened and both women were removed from the pub.
The injured party was given antiseptic wipes and appeared to have a cut to her head. She went to the hospital the following day and a bruise was observed to her head, consistent with blunt force trauma to the area.
The court heard that it is the prosecution's case that the victim was struck, but it is unclear how she sustained the injury.
The victim made a complaint to gardaí two days later.
Bergin later met gardaí by appointment and was interviewed without a solicitor present. She said she “got into a row” with the injured party and they were “reefing the head off each other”.
She told gardaí that the interaction lasted less than 10 seconds and she couldn't recall hitting the injured party with a glass.
A trial date was set for July 13th, 2023, but the injured party was not present. A proposal was made and Bergin then pleaded guilty to assault.
The court heard that gardaí were unable to contact the injured party in the weeks before the trial, and she has also not engaged with them in relation to a victim impact statement.
Bergin has 21 previous convictions, primarily for road traffic offences and one for theft.
Gda Duffy agreed with Cathal Ó Braonáin BL, defending, that the majority of his client's previous convictions are for minor road traffic matters. It was further accepted that there was a gap between her previous convictions and this incident and that Bergin has not come to recent garda attention.
Mr Ó Braonáin's contention that his client has no previous convictions of a similar nature and this seemed “out of character” for her was also accepted by the garda.
The witness agreed Bergin was cooperative and that her plea was of assistance to the prosecution. He accepted that there was no CCTV or other witnesses.
Mr Ó Braonáin told the court Bergin and the injured party were friends, but their relationship broke down and there has been no contact between them since this incident.
Bergin has five siblings, and her father and a sister were in court to support her. She works as a hairdresser and a letter from her employer was handed into court. Bergin has one child and her former partner passed away in tragic circumstances two years ago.
A medical report, testimonials and a letter of apology from Bergin were also handed to the court. Mr Ó Braonáin asked for as much leniency as possible for his client.
Judge Baxter said this was an “unsavoury affair” involving a “lady held in high esteem” by her family and others. She noted that there was a lot of mitigation in this case.
She ordered the Probation Service to prepare a report and to assess the suitability for Bergin to carry out community service.
Judge Baxter noted the court must consider a number of issues including rehabilitation. While Bergin's actions appeared “out of character at the time”, the judge said the court must “have regard to the public if Bergin lost her temper on an occasion in the future”.
Adjourning the case to February 12th, 2024, for finalisation, Judge Baxter directed the Probation Service to assess Bergin's suitability for a restorative justice programme and what other supports may be available to her.
