Man ‘over-reacted’ in carrying out Cork assault

A YOUNG man grossly over-reacted in assaulting another man on a busy night in Fermoy when he assumed wrongly that the victim was deliberately trying to get into his girlfriend’s car.

Dylan Power of Kilmore West, Tallow, County Waterford pleaded guilty to the charge of assault causing harm to the other young man by catching him and throwing him to the ground.

Garda John Murphy said the injured party was socialising with friends and left a licensed premises in Fermoy at around 1 am when the streets were very busy with parking on both sides and a lot of traffic.

The injured party spotted what he thought was a friend’s car – a white Volkswagen Golf. He went to open the back door and could be seen turned around and still talking to someone at the door of the premises he had just left.

However, it was not his friend’s car. It was a car belonging to young woman who was picking up her boyfriend, Dylan Power.

Mr Power was approaching at the time and saw the injured party at the back door of the car and without saying anything to him he caught him and threw him to the ground.

Unfortunately, the injured party’s head struck the ground, seriously injuring him.

Garda Murphy said Dylan Power did not make any attempt to leave the area and was totally cooperative with the garda investigation. He had no previous convictions and did not come to adverse attention since.

The family of the injured man said it was fortunate that their son eventually recovered well from the serious injury. They expressed the hope that Dylan Power understood the consequences of his actions.

Defence barrister Emmet Boyle said the victim impact statement showed a very Christian response and that the defendant was totally contrite and had learned a valuable lesson.

“He grossly over-reacted to the entire incident but there was no gratuitous infliction of harm. He brought €5,000 to court as a gesture of compensation,” Mr Boyle said.

Judge Helen Boyle imposed a suspended 18-month sentence at Cork Circuit Criminal Court on the charge related to January 23, 2022. catching him and throwing him to the ground Judge Boyle said, “You approached someone mistakenly trying to get into your girlfriend’s car on a busy night in Fermoy, you dragged him to the ground without making any attempt to ascertain what he was doing.

“Thankfully he has made a full recovery. This young man was very, very lucky he was not more seriously injured or killed. I have seen on too many occasions where one single action can result in serious injury or death.

“In the victim statement for the injured party’s family they said, ‘We hope you have learned from the incident and won’t let it define your future.’ On the night you stayed at the scene. You cooperated and expressed remorse. You come from a hardworking family. You are a hardworking and honest young man - 20 at the time and 22 now. €5,000 is a tangible token of your remorse. I am of the view that this does merit a suspended sentence.”