A man (39) who bit off a portion of the ear of a man who twice drunkenly attacked him in a pub has been given a four-year suspended sentence.
Anthony O'Hare, of Beech Hill Villas, Donnybrook, Dublin 4, was earlier found guilty by a jury at Dublin Circuit Criminal Court of assaulting Jason Donegan causing him harm at The Gate Bar, Crumlin Road, on October 11th, 2003.
O'Hare's counsel, Ms Iseult O'Malley BL, said that her client maintained his innocence and "there is no question of remorse or an apology". She said he will appeal his conviction.
Garda Adrian O'Reilly told Remy Farrell BL, prosecuting, that Mr Donegan has consumed a considerable amount of alcohol and instigated an altercation with the defendant on two occasions inside the pub. The second incident was recorded on CCTV, and Mr Donegan was asked to leave the premises.
Garda O'Reilly agreed that O'Hare, who has no previous convictions, head butted Mr Donegan in self defence, and the prosecution accepted that this had been a lawful act.
But the prosecution said that O'Hare went beyond acting in self defence when he bit Mr Donegan's ear.
Garda O'Reilly agreed with Ms O'Malley that Mr Donegan had been very drunk and aggressive, had been asked to leave and had given an untrue version of events. He also agreed Mr Donegan should probably have been charged with assault or breach of the peace.
Judge Desmond Hogan accepted there were extenuating circumstances in the case and suspended the four-year term on condition that O'Hare enter into a good behaviour bond.