Social worker appeals conviction for assault in Laois

A solicitor asked a judge not to impose a conviction on a social care worker who assaulted a man in Portlaoise. 

Derek McNamara (38) of 28 Rathevan Heights, Borris Road, Portlaoise, assaulted a man causing harm at Market Square, Portlaoise on September 1, 2024. 

Solicitor Josphine Fitzpatrick said the man had engaged with restorative justice and the probation service. 

“He has done all of that very well and very diligently,” she told the sitting of Portlaoise District Court. 

“He is a social care worker and a conviction will naturally sound a death knell for his employment,” said Ms Fitzpatrick. 

She said a sum of €3,000 which had been agreed during the restorative justice process was available in court. 

Judge Susan Fay said she appreciated that the man had engaged fully but she noted the seriousness of the offence. 

Ms Fitzpatrick said her client had taken out a loan of €3,000 and if he lost his job he would be unable to repay it. She pointed to his “otherwise unblemished record” and asked Judge Fay if she could find a way of dealing with the case which wouldn’t involve a conviction. 

She said the public would be better served if he was working and she said it was an isolated and foolish act that had resulted in him appearing in court. 

“This is now going to define his whole life and for that reason I would ask the court not to impose a conviction,” said Ms Fitzpatrick. 

She said her client was in court “cap in hand” with two very positive reports. “He has worked so hard to get to where he is,” she said. 

Judge Fay said she didn’t believe it would be fair to anyone if she struck the matter out. She said she was considering imposing a community service order. 

Ms Fitzpatrick asked Judge Fay to reconsider. She said that due to the nature of his work he was Garda vetted. 

 “This incident is going to define him instead of his many years of hard work,” she said. 

Judge Fay said she would consider the matter over lunch. 

When the case was called again, Judge Fay said she had considered the matter very carefully and was going to convict the man. 

She said she had no doubt that if he could go back the offence wouldn’t happen. However, she said it was a very serious assault. 

She imposed 80 hours of community service in lieu of  four months in prison. She fixed recognisance in case of appeal. 

An appeal against the conviction was lodged a short time later.