The Court of Criminal Appeal has dismissed an appeal by a man against his conviction for an assault that left a publican in a wheelchair.
In January 2006, Kieran Roche (27), a stable hand, Main Street, Taghmon, Co Wexford, was found guilty at Wexford Circuit Court of causing serious harm to Andreas Ryan (44) on December 6th, 2003.
The trial heard that as a result of being kicked in the head by Roche, Mr Ryan was in a wheelchair, unable to speak and was able to communicate to others only by using symbols and sheets.
Roche, who claimed he was attacked by Mr Ryan, was jailed for seven years by Judge Michael O'Shea.
Dismissing Roche's appeal, Mr Justice Hugh Geoghegan, presiding, with Mr Justice Liam McKechnie and Mr Justice Éamon de Valera, said the trial judge's charge to the jury was impeccable and without defect and the court was satisfied the conviction should remain intact.
The court would also dismiss all other grounds of the appeal as of "no substance" either on their own or cumulatively, he said. Other grounds of appeal related to media coverage of the trial and alleged unsatisfactory evidence given by a forensic scientist from the State laboratory.
Earlier, moving the appeal, John Peart SC said the central point was that the trial judge had erred by not making reference in his charge to the jury that it should have looked at Roche's actions on the night in question from "the point of view of a man who was drunk".
Mr Peart argued that that night, Roche was an "innocent drunk" who was assaulted by Mr Ryan. He said there was no premeditation involved. Mr Peart said Roche was attacked by Mr Ryan and, when he was on the ground, he had told Roche that he "was going to kill" him.
Opposing the appeal, Michael Delaney, for the DPP, said the conviction should not be interfered with. He said Roche had kicked Mr Ryan in the head while he was on the ground and there was some dispute during the trial as to the degree of Roche's drunkenness.
The trial court had heard the assault occurred after Roche returned to Taghmon after attending a birthday party in Ballinaboola, New Ross. He met Mr Ryan outside Mr Ryan's pub in the village. Evidence was given that Mr Ryan struck out at Roche, who struck back, resulting in the publican falling.
Mr Ryan was removed to Wexford General Hospital and later to Beaumont Hospital. He sustained severe bruising to brain tissue which resulted in him spending 23 days there. He will be unable to maintain an independent standard of living for the remainder of his life.
The court heard that Roche was a promising jockey until he became too heavy and that he had a number of previous convictions. He had also apologised to the Ryan family.