Tipperary judge calls assault on man who had two broken ankles ‘callous’ and ‘chilling’

A judge has called the assault of a man who fell 20 feet from a window and broke both his ankles “callous” and “chilling” at Nenagh Circuit Court. 

Wayne Mitchell was assaulted as he lay on the ground waiting for help by one of two men who broke into a flat where he was staying. 

Judge Catherine Staines made her comments in relation to the CCTV evidence played in court. 

Damien Doran (38) of Silver Street, Nenagh, pleaded guilty to assault causing harm to Wayne Mitchell, contrary to Section 3 of the Non-Fatal Acts Against the Person Act, 1997. 

Graham Clifford (32) of Ormond Drive, Nenagh pleaded guilty to entering a building with the intention of committing an offence, contrary to Section 11 of the Public Order Act 1994. 

Garda Keith Fitzgerald of Nenagh Garda Station told the court that on June 17, 2022, they received a report of a male on the ground with injuries to both his ankles beside Mulrooney’s Gala Service Station in Nenagh. 

The male, Wayne Mitchell, was taken to University Hospital Limerick and later contacted gardaí to make a statement. 

Mr Mitchell told gardaí that the defendants forced their way into a flat where he was staying with a friend and demanded his medication.

Mr Mitchell attempted to get away and fell out a window, breaking both his ankles.  

A butcher saw Mr Mitchell on the ground and contacted the gardaí, the court was told.

The court saw on the CCTV footage the defendants pass the camera and go toward the stairs that led to the flat.

Twenty minutes later Mr Mitchell fell from the window and dragged himself toward the side of the butcher’s shop.  

The butcher came out of the shop and checked on the injured party. He returned to the shop, coming back outside a couple of times holding a phone. 

Five minutes after the fall, the defendants came back down and approached Mr Mitchell.

They lean over him, and Mr Doran can be seen standing on one of Mr Mitchell’s ankles. 

Mr Clifford leans down to Mr Mitchell. 

Judge Staines asked Garda Fitzgerald if the man had removed something from the victim’s pocket. 

Garda Fitzgerald said the CCTV was not good enough to confirm that.

The injured part was not in court during the hearing, did not provide a victim impact statement, and the garda said he could not be located.

However, Garda Fitzgerald told the court that it is his understanding that Mr Mitchell is still receiving treatment for his injuries and has been advised to have one foot amputated. 

That the guard said is the result of the victim’s non-compliance with his medical treatment.

‘STRONGLY CONTESTED’

Mr Doran was arrested on June 27, 2022, when he made some admissions about what happened.

The court was told that Mr Doran has 55 previous convictions. Acting for Mr Doran William O’Brien, BL said his client “strongly contested what happened inside the flat” and said he did not cause Mr Mitchell to “leave via the window.”

He admitted entering the flat with Mr Clifford, who he said was seeking repayment for a debt. 

He also denies standing on Mr Mitchell saying that he only “tapped” his ankle to see if he was injured. 

Mr O’Brien said his client has written a letter to Mr Mitchell and his family apologising for the “pain and discomfort” his actions caused.

He said his client has not come to garda attention since. 

He also said the early guilty plea was of “significant value” to the prosecution and asked the court to consider this in mitigation. 

Mr O’Brien also asked the court to consider his client’s probation report, which he said “starkly” details a “quite horrific and troubled upbringing”.

He said his client has a history of drug and alcohol abuse, and while his probation report does say he is at high risk of reoffending, it also shows his commitment to engage with the services. 

The court heard Mr Clifford made no admissions on his arrest but has since pleaded guilty to the charge.

Mr Clifford has 43 previous convictions and is currently serving a three-year sentence for criminal damage. 

Acting for Mr Clifford, Suzanne Gorey BL told the court that her client has two children whom he currently only has contact with through letter or by phone. 

She said her client is a man of “two extremes” with issues with alcohol and drugs but periods of sobriety. 

Ms Gorey told the court that when her client is sober, he works and has a long-term partner.

In prison, he goes to school and the gym and has requested anger management classes.

She said he has led a “chaotic life” which stems from problems at home when he was a child. 

He has been supported by Novas, who provided him with a reference letter. 

‘CHILLING’

In the case of Mr Doran, Judge Staines said she believed the headline sentence should be three years in prison. 

She said his aggravating factors of previous convictions, which included assault, would bring the sentence to three and a half years. 

But, in mitigation, the judge noted Mr Doran’s guilty plea, his difficult upbringing and that he has not come to the attention of gardaí since this incident. 

She also noted his engagement with services and efforts in education. 

However, she said:

“It is very chilling to watch the CCTV and the callousness of stepping on someone who is in pain.” 

Judge Staines sentenced Mr Doran to two and half years in prison with the last six months suspended for one year on the condition he engage in victim-focused work and with the probation services.

In the case of Mr Clifford, Judge Staines said the headline sentence should be six months imprisonment. 

She said the defendant “clearly broke in” but noted in mitigation, his guilty plea and the reference letter from Novas.

The judge imposed a three-month sentence to run concurrently with the one he is serving. 

She also granted Mr Clifford legal aid.