A man who took part in a “ferocious” attack that left another man with life-changing injuries after he was chased and repeatedly punched, kicked and stamped on has been jailed for 10 years.
Austin Doherty told Dublin Circuit Criminal Court that his injuries have left him feeling like he is in his own prison after the unprovoked 45-second attack on him by three men in the early hours of the morning.
Graham Dunphy (31) and two other men had waited outside a Dublin casino before chasing and attacking Doherty when he tripped and fell, then leaving him unconscious and motionless on the ground.
Dunphy of Glasnevin Woods, Glasnevin, pleaded guilty to assault causing serious harm to Austin Doherty at Old Navan Road, Mulhuddart, on July 31st, 2022. He has one previous conviction for a road traffic offence.
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A co-accused, Conti Birali (28), who was considered the orchestrator of events, was previously sentenced to nine years in prison for the same offence. Birali, of Parlickstown Drive, Mulhuddart, further admitted committing violent disorder with others on the same occasion.
Another co-accused, Craig Maples (28), of Green Briar, Verdemont, Blanchardstown, was previously sentenced to seven years in prison after he also pleaded guilty to violent disorder and assault causing serious harm to Mr Doherty on the night in question.
Passing sentence on Friday, Judge Martina Baxter said the attack was carried out in a “ferocious and violent fashion”. She said the assault appeared to be “a free-for-all” with each accused aiming for whatever body part was exposed.
She said the victim was left lying unconscious on the street, and no effort was made to contact the emergency services.
She noted two of the men had come to the scene in response to a phone call from the third. She said they had come “for no obvious lawful reason” other than to exact “some sort of retribution”.
She said the victim-impact statements were very powerful and showed how Doherty was now denied the ordinary things we all take for granted in everyday life. She said the court was entitled to have regard to the extensive injuries he suffered.
Baxter referenced testimonials from family, friends and clubs speaking highly of Dunphy. But she noted these failed to address the actual offending or the fact of three men attacking and leaving behind a man on the ground, disabled for life.
She observed that the other two accused men had co-operated with the investigation and entered early, signed guilty pleas. Their cases were dealt with in 2024.
She said the later guilty plea in Dunphy’s case was “somewhat valuable” as it relieved Doherty of having to give evidence at trial.
In sentencing Dunphy, Baxter placed the offence in the upper range of offending and set a headline sentence of 12 years.
She said mitigating factors included the guilty plea. However, she noted it came late and therefore attracted limited weight. She also noted his expression of remorse but observed deficits in his insight and empathy.
She imposed a sentence of 10 years imprisonment and backdated the term to April 20th, 2026.
Det Garda Jennifer Green told Garret Baker SC, prosecuting, that the 37-year-old victim had spent the evening watching football before arriving at a casino in Mulhuddart in the early hours of July 31st, 2022.
The court heard his recollection of events is “hazy”, but he remembers speaking to a woman friend in the smoking area of the casino. There was an “initial skirmish” there with Birali, where the victim was punched in the head in an unprovoked attack.
Witnesses said threats were later made towards Doherty by Birali, including: “Wait until we get out of here.” Birali was ejected from the club. This initial attack was captured on CCTV, which was played to the court.
Birali then phoned Dunphy and Maples, who arrived in the area by car and appeared to wait near the casino.
Meanwhile, security at the club were concerned for Doherty’s safety and tried to persuade him to remain inside the casino, but he left the club on foot shortly after 4am.
Further CCTV footage picked him up being chased outside by Dunphy, before Mr Doherty tripped and fell. The two other men, Maples and Birali, arrive in a car, and the CCTV shows the three men repeatedly punching, kicking and stamping on the victim while he lay on the ground.
Maples got out of the car initially and joined Dunphy in the assault “vigorously”, while Birali got out of the car and joined at a later stage. Dunphy was present throughout the assault on the ground, which lasted 45 seconds.
Doherty lost consciousness during the assault, and CCTV shows the three accused fleeing the scene, leaving the victim lying motionless on the ground by himself.
Baxter noted that Dunphy had been a “constant” throughout the assault and had given chase to the victim.
Doherty was brought to Connolly hospital with serious head injuries and spent several weeks in a coma. He later suffered seizures and spastic paralysis on his left side and rigidity in his legs. He had to undergo extensive speech and language therapy to allow him to regain his voice.
Four years later, the court heard there had been limited improvement, with his life still very much impaired and he needed continued rehabilitation. He is unable to walk long distances independently, cannot work or drive and struggles with basic household tasks.
In his victim-impact statement, Doherty told the court that on the date of the assault, the life he had came to an end. He said he feels trapped in his own body, dependent on the help of others.
He described how he can no longer play with his children and do other things that people take for granted. He is dependent on a powered wheelchair for mobility outside his home.
“I feel like I am in my own prison,” he said.
The Director of Public Prosecutions indicated to the court that the offence fell within the “serious range” of offending, carrying a headline sentence of 10 to 15 years.
John Moher, defending, asked the court to consider Dunphy’s guilty plea, which, while not early, had been indicated in advance so that witnesses could be stood down. He also highlighted his client’s expression of remorse.
He said his client was raised by his father after the early loss of his mother. He has a history of difficulties with cannabis and cocaine.
