Offaly man convicted of assault causing harm must pay compensation and apologise to the victim court

The case of a Kilcormac man who pleaded guilty to assault causing harm was put back to March next year to allow for payment of compensation to the victim.

Cathal Kiely, (22) St Cormac's Park, Kilcormac,was charged with assaulting Artur Rugkowski at the Midland Bar, Kilcormac, on March 19, 2022.

In a victim impact statement, Mr Rugkowski spoke of waking up lying on the gravel outside the pub. His mouth was swollen and bloody and he didn't know how he got his injuries.

CCTV showed Cathal Kiely punching Mr Rugkowski in the face before leaving him lying on the ground. The court heard that other CCTV footage showed two men dragging Mr Rugkowski outside the pub before leaving him on the gravel. Mr Rugkowski didn't seek medical attention for his injuries, the court heard.

Mr Kiely said he had been in the local bar when he got a bang in the back. One hour later he got another bang. He said he hit Mr Rugkowski out of fear. He said when Mr Rugkowski fell he panicked. He didn't know he had been dragged out and he wasn't involved in that.

A female witness had given evidence of seeing Cathal Kiely and another man having words. She had told Cathal Kiely to ''leave it'' and ''go home.'' She didn't witness the assault.

Mr Kiely had one previous conviction for dangerous driving which had been reduced to careless driving.

Barrister Stephen Byrne for Cathal Kiely, said his client had been in genuine fear of the other man.

Judge Keenan Johnson said it never ceased to amaze him the number of assaults that take place on a St Patrick's weekend. It's a reflection of our ability to celebrate our national saint, he said.

Mr Byrne continued that Cathal Kiely was a young man that came from a decent family. He is on the Offaly team and is a Kilcormac county champion. Sporting is a big part of his life, he said.

Judge Keenan Johnson said that the blow to Mr Rogkowski was ''bad enough'' but to see the man being left there was shocking.

Mr Byrne said Cathal Kiely had panicked. He said it was the one occasion, St Patrick's weekend, when he didn't have to maintain his usual discipline.

He said he comes from a decent family and this will not be part of his demeanour going forward. He said there seems to have been some sort of interaction between both parties before the assault, he said.

Judge Johnson, noted that Cathal Kiely had not made any formal apology to the victim and said that that should be done for a start.

The court heard that Mr Kiely earns €350 per week as an apprentice electrician. He had suffered injuries in the county final and had been unable to work for some time and had only recently returned to his apprenticeship.

Judge Johnson also remarked that Mr Kiely had brought no compensation to court with him for the victim and had not apologised to him.

Mr Byrne said the apology was an oversight on his part. Judge Johnson said a person knows when they have done wrong. He said Mr Kiely is living at home. He earns €350 per week and he hadn't a penny for the victim. He said he had a question mark over his sincerity.

The judge said the offence was in the mid-term range of offences and carries a maximum sentence of 5 years in prison. He said he would reduce this to one year. He said Mr Kiely was starting out in life and a conviction would interfere with his progress.

He remanded him on bail to appear on March 19 2024 when he must have €5,000 compensation with him for the victim and he must have apologised to him.

He said if that is done then he will apply the probation of the offenders act.

He extended his good wishes to the injured party.