A man and a woman who assaulted a student on the night he was fatally injured while socialising in Co Westmeath were spared a jail sentence by the judge yesterday.
Andrew Dolan (20), Carrick- on-Shannon, was fatally injured during an assault on Pearse Street, Mullingar, on December 23rd, 2011. He died in Beaumont Hospital on January 1st, 2012.
Jessica Hughes (21), Greenfield Heights, Rathwire, Killucan, Co Westmeath, and Patrick Daly (24), Mulphedder, Clonard, Co Meath, were acquitted of Mr Dolan's manslaughter when tried on the basis of joint enterprise last January.
Attack
Although acquitted of manslaughter, the jury found Daly guilty of assault causing harm and Hughes guilty on a lesser charge of assault in relation to the attack on Mr Dolan on December 23rd.
In separate proceedings, Patrick Farrell (22), Cornamuckla, Broadford, Co Kildare, admitted Mr Dolan’s manslaughter and received a 3½-year prison sentence. He had delivered a final blow which caused Mr Dolan to fall and hit his head on the ground.
At a sitting of Mullingar Circuit Court yesterday, Daly was sentenced to 240 hours of community service in lieu of two years in prison. Hughes received 160 hours of community service in lieu of five months in prison.
Judge Anthony Hunt said Mr Dolan “had been minding his own business” on the night and was “singled out and confronted by Ms Hughes” who slapped him. He was subsequently struck by Daly before another man delivered a blow which resulted in fatal injuries.
In a “human sense”, Judge Hunt said the pair did contribute to the death of Mr Dolan. “I say that in the most general sense, not in the narrow legal sense,” he explained.
He suggested that the law could be looked at to cover the area of peripheral involvement in order to deal with issues of collective responsibility.
Remorse
Judge Hunt said
Daly, who had consumed alcohol on the night, was hard-working, had no previous convictions and had expressed remorse. “I think he understands what his behaviour, in a general sense, led to.”
Judge Hunt noted that Daly had offered to plead guilty to assault causing harm before his trial. “In lieu of two years in prison, I will impose 240 hours’ community service.”
Addressing Hughes, he said: “You, too, will have to deal, no doubt, with the consequences of what you became involved in this night.” He noted she also had no previous convictions and was “behaving out of character” on the night.
Judge Hunt ordered Hughes to complete 160 hours of community service in lieu of five months in prison. The community service is to be completed within a year.
'Ever dignified'
The judge thanked Det Garda Peter Kelly and the Garda CCTV operator who captured the images of the assault.
He apologised to the Dolan family for not allowing them to read a legally contested victim impact statement at a previous sitting. Extending his sympathy, he described the couple as “ever dignified”, adding: “I can only hope that time somewhat helps”.
Following the sentencing, Mr Dolan’s father, Joe, read a statement on behalf of his family in which they asked: “How many more innocent young people must die or suffer life-changing injuries and how many more families must be ruined before someone cries stop.
“In God’s name, can someone call a halt to this senseless carnage? Just think about it.”
Mr Dolan’s mother, Rosie, described her son as a “fabulous, witty, funny guy, loved by everybody, adored by his family, by his uncles, aunts, his cousins, his friends, by his mates in Wilson’s Hospital and in Galway”.
“This sums up Andrew,” she said, holding up a picture of her son’s donor card.
“He had his own signed donor card in his wallet, he was a great kid, fantastic kid, doing biomedical science and he is 50 years too early in our current graveyard today.”