'Unprovoked, random attack' on 17-year-old in west Cork town leads to conviction

David Forsythe

A man who pleaded guilty to an “unprovoked and random attack” in a west Cork town has been convicted of assault causing harm in the district court.

Inspector Roisin O’Dea told Clonakilty District Court that the injured party who was 17 at the time was walking along St Vincent’s Place in Clonakilty at 8.25pm on September 11th, 2023.

A man – identified as Mark Fail (37), with an address at Molaga Street, Clonakilty, Co Cork – 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 as a result of the attack. He said that he had not been out alone at night since the incident and continued to live in fear for his safety.

Defence solicitor Plunkett Taaffe said Fail claimed that the injured party was one of three men who attacked him and that he had suffered injuries as a result. He said that his client was pleading guilty but had responded to being attacked himself. He also stated that his son had incurred a drug debt.

Inspector O’Dea said an examination of CCTV from the night in question showed that the injured part was alone.

Mr Taaffe said that his client, originally from England, was the father of two children and had lived in Ireland for over seven years. He added that Mr Fail accepted that he had inflicted injury and had pleaded guilty from the start.

The court heard that Fail had one previous conviction in Ireland for the possession of drugs and also had a UK conviction for assault in 2007, for which he received a one-year prison sentence.

Judge Treasa Kelly said: “This is a serious matter. It was an unprovoked, random attack. You were lucky the injured party did not suffer more serious injuries.”

She convicted Fail and sentenced him to six months in prison, suspended for two years in his own bond of €500. Fail was also ordered to pay €5,000 in compensation to the injured party. The case was adjourned to March 18th for finalisation.