A man who turned himself into gardaí after seeing footage of himself assaulting a homeless woman on RTÉ's Crimecall programme has avoided a jail sentence at Dublin Circuit Criminal Court.
Derek Kavanagh (48) was given a three-years fully suspended after he pleaded guilty to assaulting the woman and causing her harm on James’s Street in Dublin 8 on May 7th last.
At a sentence hearing, the court heard that Kavanagh, of Walshetown Park, Newbridge, Co Kildare, had attended a work function at a hotel in Santry on the night.
Garda Ailís McBrien told Pieter Le Vert BL, prosecuting, that the accused would not normally consume alcohol but drinks were had before, during and after the event. Kavanagh later became separated from some of his colleagues after the group went to a nightclub but found it was closed.
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Asked for money
The victim, a woman who was living in a hostel at the time, told gardaí she saw Kavanagh on his phone and asked him if he had a euro. She said Kavanagh replied, “Yeah, I’ll give it to you in a minute,” before resuming his phone call.
Kavanagh then started walking along James’s Street and when the woman asked him if he was still going to give her a euro, he said: “Yeah, walk with me to the machine and I’ll get it for you,” the court heard.
The woman told gardaí that out of nowhere, the man pulled her to the ground and started punching her to the face and head with his fist, before putting his hands around her neck.
She said she was screaming out for help and reached for a glass bottle on the ground to try and defend herself, but the accused grabbed the bottle from her and began hitting her over the head with it. The woman said she was bleeding and crying and noticed a friend across the street who accused Kavanagh of assault.
The woman and her friend followed Kavanagh as he walked slowly away and “didn’t seem to care what he had done,” they later told gardaí.
The two friends sought help from passers-by and the woman went up to Kavanagh and put her hands inside his pocket to grab his phone to call 999, but the phone was locked. They then flagged down a cyclist who phoned 999 and noticed that the woman and Kavanagh had a lot of blood on them.
TV show
Some weeks later, counsel said, RTÉ's Crimecall programme broadcast CCTV footage of the incident appealing for witnesses to come forward. Kavanagh phoned gardaí the next day and said he had recognised himself in the footage.
He met gardaí by appointment and cooperated fully, saying he remembered being approached but he felt there had been another one or two people with the person and that he became afraid and thought they would try to mug him or rob him.
He told gardaí that he panicked, threw a punch and fell on top of the woman, adding “I’m so sorry, I honestly thought I was in danger. I definitely went overboard”.
The court heard Kavanagh was horrified when he saw the full CCTV footage and the photographs of the woman’s injuries. He agreed with gardaí that the victim had not been acting in a threatening manner and had kept a reasonable distance.
Garda McBrien agreed with Garrett Casey BL, defending, that Kavanagh was deeply remorseful and had been heavily intoxicated.
Kavanagh brought €2,000 to court as compensation for the injured party and was ordered by Judge Martin Nolan to collect a further €3,000 within the next six months to be given to the woman. The court heard he has no previous convictions and works full time, earning €60,000 a year.
A letter from Kavanagh expressing his deep shame and remorse was handed to the judge, as well as a victim impact statement from the injured woman. Letters were also given to court from Kavanagh’s employer and from his wife.
Judge Nolan said Kavanagh had committed a serious assault on an innocent person out of a “combination of excessive alcohol and fear”. He said Kavanagh had very good mitigation and good references and was unlikely to reoffend.