Suspended sentence for man who assaulted best man at Bundoran hotel
Defendant confirms guilty plea in witness box at Ballyshannon District Court
A Bundoran man was handed a four-month prison sentence, suspended for 18 months, for an assault of a man who was his best man at his wedding, at the Great Northern Hotel, Bundoran, in February 2024.
Colin Harrison, 46, of Market Square, Bundoran, appeared before Judge Éiteáin Cunningham at Ballyshannon District Court, held at Ballyshannon Courthouse, after he had failed to attend a previous sitting and was subsequently ordered to be before the court to hear the charge.
Harrison pleaded guilty to the charge that on February 27, 2024, at The Great Northern Hotel, Bundoran, he assaulted Michael Mulhern, contrary to Section 2 of the Non-Fatal Offences Against The Person Act 1997, although Judge Cunningham had to be satisfied that Harrison was pleading guilty when he was at the witness box.
Addressing the court, Harrison’s solicitor, Gerry McGovern, said: “Last time in court, he was ill. Then, he instructed me to enter a plea of guilty for Section 2, which I did. He has arrived in court this morning. He has not changed his plea.
“He tells me that this was a falling out between two people who knew each other for a long time and had been working in different parts of the hotel.
“They had a falling out, and I don’t think it was of a serious nature, but there was definitely a dislike between the parties.”
When the case was put to second call and to be heard later in the sitting, Harrison, who appeared at court with crutches, said: “I can not wait. I am going to pull over here. I need to go back and take medication. What am I waiting here for?
Judge Cunningham responded: “Excuse me! You are here before a serious charge before the court.”
When the case resumed, Judge Cunningham stated: “I have read my notes in relation to the facts. I have also considered the victim's impact statement, and it is clear that this incident has had a lasting and profound impact on the victim and his wider family members.
“It was an unprovoked attack and has had an impact both physically and emotionally on the victim.”
Mr McGovern said: “These men had worked together for several years, and there is definitely animosity between them,” before inviting his client to the witness box.
Speaking to Harrison, Mr McGovern said: “You seem to shake your head in disbelief. You and this man were friends.”
Harrison replied: “He was the best man at my wedding and Godfather to my child. We fell out.”
McGovern asked Harrison if he knew why the incident had happened, to which Harrison responded: “I was working in my own area.”
Judge Cunningham intervened, stating: “You approached him in the face without warning,” to which Harrison replied: “No.”
“They were the facts that were given to me,” said Judge Cunningham.
“I never approached anyone,” Harrison said.
Mr McGovern told Harrison that he was instructed by Harrison to plead guilty, to which Harrison replied: “I said I was not guilty.”
Judge Cunningham asked Harrison if he was going to deny, and questioned: “Is there a plea or no plea?”
Harrison said: “I don’t remember what happened. He stopped in my working area. He should not have been there.”
Speaking to Harrison, Mr McGovern said: “He was your best man. You stopped speaking to him. Can the judge feel, yes, he is pleading guilty. That there would be nothing between this man and the other again.”
Harrison replied: “Yes.” Mr McGovern then asked if “it is at an end,” to which Harrison repeated his answer of yes.
Mr McGovern asked Harrison if he was in bad health and if it was a serious injury. Harrison replied with yes to both questions and stated his injuries were with his leg and back.
Sergeant Garda Oliver Devaney told the court that Harrison had two previous convictions.
Judge Cunningham, in taking everything into consideration, including the facts open to the court and the victim’s impact statement, said: “It is a serious matter before the court. I considered the mitigation put forward by Mr McGovern. I have seen the evidence of the accused.
“In all the circumstances, I am going to convict to a sentence of four months, suspended for 18 months.”
Judge Cunningham said Harrison had to sign a bond, to commit to keeping the peace and being of good behaviour for the duration of the suspension of his sentence.