A CO Donegal man who admitted a vicious attack at his own brother’s wedding ‘After Party’ has been given Community Service.
Darren Kelly, from New Bungalow, Carrigans, but who now lives in Newtowncunningham, was remanded in custody at Letterkenny Circuit Court earlier this week after admitting the violent attack.
Judge John O’Hagan (pictured right) sentenced Kelly today to 240 hours community service in lieu of a two year prison sentence.
The judge said he had read probation reports which had recommended community service in the case.
“It is recommended that he is suitable for community service. I am told there is a low likelihood of his reoffending so I believe a custodial sentence should not be imposed,” said Judge O’Hagan.
He added that he had remanded Kelly in custody earlier this week to give him time to think of an appropriate sentence.
“I hope you have learned your lesson,” he told Kelly.
Kelly pleaded guilty to assault causing harm arising out of the incident at the Fisherman’s Inn in St Johnston on the night of Sunday, May 9, 2010.
Prosecuting barrister Patricia McLaughlin, outlining the case earlier this week, 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.
At hearing. Copyrighted.