Eunan Maguire at Donegal Circuit Court. Photo: North West Newspix
An Ardara man who viciously punched two strangers on a dance floor has avoided being sent to prison.
Eunan Maguire was given a two-year suspended sentence when he appeared at Donegal Circuit Court this week.
Maguire, now aged 25 and of Glenview, Ardara, pleaded guilty to assault causing harm to friends Aaron Bradley and Aaron Pearson at Sky Nightclub in Donegal Town in the early hours of March 10, 2019.
Mr Bradley received an upper cut from the accused and has a scar on his chin from where he was cut having had to receive several stitches.
Mr Pearson suffered a fractured jaw as a result of the punch from Maguire and had to have a metal plate and screws fitted into his jaw. Mr Pearson still finds it difficult to eat.
Maguire brought €20,000 to court by way of compensation to be offered to his victims as a token of his remorse.
Judge John Aylmer said the incidents ‘were entirely unprovoked and they were serious assaults causing significant injuries’. “It is clear that they are both affected physically and psychologically,” he said, describing the punches in question as ‘a purposeful uppercut’.
The pair had to receive hospital treatment for their injuries in the aftermath of the attacks.
Maguire, who was and continues to live in London, was contacted by Gardai after CCTV was viewed and he admitted to being involved in the incident and indicated he wanted to sort it out.
The court heard how on the night in question Maguire had taken cocaine and a considerable amount of alcohol.
His barrister, Mr Sean McGee, told how his client had come from a steady home and was supported in court by his mother although his father had passed away in 2020.
However, the death of his older brother Tomas in a car accident in Australia when the accused was just sixteen had had a ‘profound’ effect on him.
Unlike his siblings, Eunan had not undergone grievance counselling but had instead taken to alcohol to cope with his brother's loss.
Mr McGee said this period lasted for several years until his early 20s as he ‘lost his way in life’.
Mr McGee said that through the support of his family and his partner, whom he hopes to marry, he no longer takes drugs and only drinks occasionally.
"He described this incident as a real wake-up call for him," said McGee who stressed that his client was extremely remorseful and apologetic.
He added that when he viewed the CCTV footage of the incident and heard of the injuries to the men, his ‘behaviour had sickened him’.
Garda Claire Ramsay said that both men had prepared victim impact statements but could not make it to court because of work commitments.
Mr Bradley said he suffered a ‘horrendous attack’ which had changed his life forever.
Mr Bradley said: "This has been mentally, physically and financially draining. Medical bills, medication and prescription expenses, loss of wages for two months, on returning to work I was very limited to what I could carry out."
He said he had to undergo an operation to get plates and screws fitted into his jaw and that he finds it difficult to eat. Mr Bradley told how he still experiences a lot of pain and numbness, especially in the cold weather.
Mr Pearson said he had been an outgoing, confident and sociable person who had never been involved in any altercation.
He said the psychological impact of the assault has had longer lasting effects on his mental health.
He said: "I find myself suffering from anxiety, flashbacks, and no longer feel comfortable in large crowds. I no longer feel safe in nightclubs so my social life has suffered.
"It is frightening to me to think that there are people out there who think it is ok to strike you because they find violence exhilarating. The scar on my face is a constant reminder of that night and I am very conscious of it. I feel when other people look at me, they are passing judgement on my character and my confidence is undermined.
"The scar itself is sensitive and shaving around it is uncomfortable and time consuming. I have grown a beard to cover it, a look which I don't particularly like."
Judge Aylmer said his starting point for sentencing Maguire was a three-year prison sentence.
In mitigation, Judge Aylmer said Maguire had tendered a very early guilty plea and showed a willingness to deal with the matter as soon as he was confronted by Gardai.
Judge Aylmer said the incident appeared ‘entirely out of character’ for Maguire, who had no previous convictions and has not come to adverse attention since.
Maguire, the court heard, resorted to alcohol abuse and began taking cocaine following the tragic death of his brother.
“He didn’t get the appropriate counseling to deal with what was a very significant issue for him,” Judge Aylmer said. “The abuse of alcohol and cocaine is the only explanation for his offending.”
Judge Aylmer took into account three references, which were submitted to the court. Two, one from the Ardara GAA club and one from his employer, were previously handed into the court and at Thursday’s sentencing hearing, a third, from Senator Eileen Flynn, a family friend, was proffered to the court.
Maguire is employed in a management position in a UK-based construction firm and Judge Aylmer said the accused had gone to ‘significant effort’ to gather compensation for his victims. The monies would be paid regardless of the outcome in the case, the court heard.
Judge Aylmer said it was appropriate to reduce the sentence to one of two years imprisonment, the entirety of which was suspended for a period of two years.
Regarding the compensation, 75 per cent is to be paid to Mr Bradley with 25 per cent given to Mr Pearson.
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