A Donegal man was jailed for five months for an unprovoked and violent attack on a Chilean national walking home from work in Cork city at seven o’clock in the evening.

An unusual feature of the case was that as soon as Derek Mulligan carried it out he presented himself at a garda station confessing that he had assaulted somebody.

Diarmuid Kelleher, solicitor, said the accused had been diagnosed with mental health difficulties previously but that around the time of the assault he was homeless in Cork and finding it hard to access the necessary medication.

Mr Kelleher said that on remand in prison the accused had been getting better because of the psychiatric attention he was getting.

Judge Olann Kelleher said: “This is a very sad case. It is sad for the victim – an innocent person walking the streets of Cork. But the accused has serious mental health difficulties. 

"He needed to be examined to see if he was fit to plead in this case. And the report came back that he is fit to plead.” 

The judge expressed concern that the injuries were quite serious for the man who was entirely innocent and had no prior contact with the defendant.

Judge Kelleher imposed the five-month sentence and set recognisances at €300 if the accused man wanted to appeal the sentence.

Inspector Mark Keating said the victim of the unprovoked assault was walking home from work when he passed by the bus stop on Merchants Quay on the morning of October 23.

35-year-old Derek Mulligan pleaded guilty to the crime which he carried out on October 23.

Diarmuid Kelleher, solicitor, said the accused attributed mental health difficulties to “a torrid time he had when he was younger.” 

Six years ago the defendant went to Lanzarote when he met his partner and they lived together in Fermoy but more recently he ended up homeless in Cork city.

“On that day [of the assault], someone gave him something to make him feel better which had a terrible effect on him, combined with the fact that he was not taking his medication at the time,” Mr Kelleher said. 

The solicitor said the accused was anxious to get out of prison.

Garda Brian Barron said at an earlier hearing: “He was walking towards St Patrick’s bridge and the accused followed him and seriously assaulted him for no reason. Mr Mulligan hit him to the torso approximately 15 times. 

"He fell to the ground. He then hit him on the ground a further 12 to 15 times. He sustained bruising to the back of his head in this unprovoked assault. Mr Mulligan then walked to Anglesea Street and informed Garda Orla Moriarty who was on duty that he had assaulted a male. He had a fresh cut to his knuckles.” 

In his own evidence, Derek Mulligan said: “I went to the garda station and told them I assaulted someone and I was sorry. I have been getting medication for five years. I was diagnosed with schizophrenia at 16. I have not worked in ten years. Without my medication I have voices in my head 24/7. With medication I have peace and comfort within myself.”