A CO Donegal man is spending the first of at least three days behind bars after a vicious attack at his own brother’s wedding after party.
Darren Kelly, from New Bungalow, Carrigans, but who now lives in Newtowncunningham, was remanded in custody at Letterkenny Circuit Court after admitting the violent attack.
Judge John O’Hagan (pictured right) said he will sentence Kelly this Friday.
Kelly faced a charge of assault causing harm arising out of an incident at the Fisherman’s Inn in St Johnston on the night of Sunday, May 9, 2010.
Prosecuting barrister Patricia McLaughlin, outlining the case, said Kelly had attended his brother Anthony’s wedding the day before.
Kelly, 28, had been drinking heavily until 6am on Sunday morning before going to bed.
When he got up later that day, he started drinking again before going to the local pub for a so-called ‘After Party’ with close family and friends that Sunday evening.
It was while he was at this party, he became involved in two altercations with another local man – lorry driver Leonard French.
“Mr French said he was subjected to an attack by Kelly and that he was hit with a bottle and as he fell to the ground he was kicked on the face. While Mr French was lying on the ground, Kelly jumped on his head,” said Ms McLaughlin.
She said Mr French, who is 52, was later admitted to Altnagelvin hospital where he was seen by a consultant at 4.40am in the early hours of Monday.
He had to receive five staples to treat a deep head wound and also suffered cuts and bruises to an eyelid, his jaw cheek and lips.
Pictures of the injuries were handed to Judge O’Hagan by Gda Peter Smith-Shankey who investigated the case.
In his statement to Gardai, said Ms McLaughlin, Kelly had denied using a bottle in the attack.
He said there had been a minor altercation in the smoking area of the bar with Mr French earlier in the evening.
Later in the night, he claimed, Mr French had approached him again about the disagreement and had thrown a punch at him. He claimed to have punched him back.
He did however plead guilty to assault causing harm.
Judge O’Hagan then spoke to Mr French who was in court for the hearing and asked him if he wanted to add to the Victim Impact Statement which he had read.
Mr French said he didn’t, however he told the judge that he still found it difficult to go out socialising, especially in the Carrigans and St Johnston areas.
Barrister Peter Nolan, for Kelly, said the whole event was “an unfortunate local row on what was supposed to be a happy family occasion.”
He said his client deeply regretted what had happened and was a man who was responsible when he did not drink.
Mr Nolan said Kelly was in a stable relationship.
Kelly then approached the bench, sat in the dock and apologised to Mr French for the attack.
Judge O’Hagan told the court: “Once again we are here dealing with an assault and I would say that 90% of the cases I deal with are Section 3 assaults and they all arise in a pub or a club or a takeway after a club or pub.
“The age difference here is stark. Mr French was 52 on the night of this incident. Mr Kelly was 25, less than half the age of his victim.
“I’m advised that Mr French was prosecuted in the district court and that he may have been acquitted there.
“It is clear that Mr French has lost his bottle as we would say; that his ability to go out has been severely hit.
“Mr Kelly has no previous convictions. We have heard that when he has booze on him he is not a very nice person to meet.
“I will remand him custody until Friday to give me time to decide what to do with him.”