Man who failed to pay compensation to victim of unprovoked West Cork assault sent to prison

An Englishman who pleaded guilty to an “unprovoked and random attack” in a West Cork town has been sent to prison for failing to pay compensation to the victim, which was a condition of his six-month suspended sentence.

Mark Fail, aged 37, with an address at Molaga St, Clonakilty, Co Cork and originally from England, appeared before Judge Joanne Carroll at Clonakilty District Court.

Mr Fail was convicted of assault causing harm by Judge Treasa Kelly in February. He was sentenced to six months in prison, suspended for two years. A condition of the suspended sentence was that he would pay €5,000 in compensation to the injured party.

The conviction related to an incident that took place in Clonakilty in September 2023, when Fail approached the victim and began punching him in the head. The victim dropped down on one knee, but Fail continued the assault punching him and kicking him in the ribs.

The injured party suffered a bloody nose and bruising and was taken to hospital for treatment.

In a victim impact statement, the victim said that he had suffered from post traumatic stress disorder (PTSD) as a result of the attack. He said he had not been out alone at night since the incident, and he continued to live in fear for his safety.

Judge Carroll said it was a very serious assault and, despite being given a suspended sentence, Fail had not made any effort to compensate the injured party and had come to court without any compensation again.

She said that, given the circumstances and the serious nature of the assault, she had no other option but to trigger the suspended sentence, which defence solicitor Plunkett Taaffe fully accepted.