A 46-year-old bouncer who attacked two school friends in the bar where he worked, and left one of them with a serious brain injury, has been jailed for five years by Judge Patricia Ryan.
Charlie Dunne, Darley Street, Harold's Cross, Dublin, was convicted in the Dublin Circuit Criminal Court in March of assaulting Noel Fitzpatrick and Paul Morgan, causing them harm on November 27th, 2004, at Rody Bolands pub in Rathmines, Dublin.
Mr Fitzpatrick, a chartered accountant and separated father of two who held a senior position in a multinational firm, had to undergo emergency brain surgery in Beaumont Hospital after he hit his head off the pavement when Dunne struck him outside the pub.
He told the court that his life has been in turmoil since the attack. He had not been back to work since being attacked and was no longer able to take care of his two daughters of whom he has joint custody. He had also lost his sense of taste and smell.
Judge Ryan said she had taken into account Mr Fitzpatrick's evidence and the injuries caused to him and Mr Morgan. She also took into consideration Dunne's previous good work record, lack of relevant convictions and that he did not intend his actions to have the consequences they did.
She sentenced Dunne to five years in prison for assaulting Mr Fitzpatrick and two years for the assault on Mr Morgan. The jail terms are to run concurrently.
Mr Fitzpatrick told Remy Farrell BL, prosecuting, that he had to be put in an induced coma and have part of his skull removed due to excessive swelling of his brain.
He was hospitalised for four months in Beaumont and the National Rehabilitation Hospital. His partner was told that there was a significant chance he would not survive or be left with brain damage. Mr Fitzpatrick said not only had he to work hard to overcome the physical disabilities he was left with but his whole personality and social skills have also altered.
Mr Fitzpatrick criticised staff at St James's Hospital where he was first taken immediately after the assault, describing their care of him as negligent when they mistook his stumbling and irrational replies to simple questions as drunkenness.
Det Garda George McGeary told Mr Farrell that after interviewing 180 witnesses there was no evidence to justify why Mr Fitzpatrick was "ejected" from the premises in the first instance. He said there was also no evidence to support a claim by Dunne that both Mr Morgan and Mr Fitzpatrick had been abusive and aggressive towards him, two other doormen and the bar manager outside Rody Bolands.
Dunne punched Mr Morgan, who then fell to the ground and sustained an injury to his eye which needed three stitches. He then struck Mr Fitzpatrick.
Det Garda McGeary agreed that Dunne later said in a statement to gardaí that it was "unfortunate the way the fella hit the ground" and that he hoped Mr Fitzpatrick survived.
Tom O'Connell SC, defending, said Dunne had no money in court because he didn't earn enough to offer a sum that would be considered suitable due to the serious injuries sustained.
The court heard that a civil case was pending.