'Cowardly' attack after being called a name: Victim kicked in the head at Limerick pub

A NEWCASTLE West man who punched and kicked a man in the head after six or seven double vodkas and Red Bull in a “cowardly” attack has been spared jail.

Limerick Circuit Court heard that prior to the assault in a pub there was a “drunken interchange”, which the judge ordered media in attendance not to report on. 

Paddy Philips, aged 22, of Lower Maiden Street, Newcastle West pleaded guilty to assault causing harm in the Strand bar, Newcastle West on February 5, 2023.

Prosecuting barrister Lily Buckley, instructed by State solicitor Brendan Gill, outlined the evidence with the assistance of Garda Sharon Farrell.

Ms Buckley said the victim was socialising in the Strand bar, went out to have a cigarette and the next thing he remembers is people seeking to assist him.

The barrister said the victim received a broken nose, multiple midfacial fractures and is currently on the public waiting list to have surgery for a fractured left orbital.

Garda Farrell said the injured party made a report on the following day. Garda Farrell sourced CCTV from the pub which she played in court for Judge Dermot Sheehan.

Mr Philips was arrested and made admissions to gardai after the CCTV footage was put to him. He said he drank six or seven double vodkas and Red Bull.

Mr Philips said he was called a name, which cannot be reported, prior to punching the victim twice with his left hand. He said the victim called him the name again and “that’s why I kicked him with a foot”. Mr Philips told gardai: “It shouldn’t have happened. It was through drink. I’m sorry.”

Ms Buckley said the injured party didn’t wish to make a victim impact statement.

She said Mr Philips has 16 previous convictions - 11 road traffic offences, two public order and three for the misuse of drugs.

Defence barrister Kenneth Kerins, instructed by solicitor Michael O’Donnell, said: “We have all seen the CCTV - it is a serious matter.”

Mr Kerins asked Garda Farrell if she accepted that Mr Philips was called a name. “Yes,” said the garda. The defence barrister said this name provoked his client before reading out a letter of apology from Mr Philips.

“I wish to apologise sincerely. I’m not a violent man. I hope you accept my apology,” read Mr Kerins, who added that Mr Philips had €2,000 in court as a gesture of remorse.

The barrister said his client had pleaded guilty, answered all the questions put to him by gardai and expressed remorse in the garda station and in court.

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Judge Sheehan said the victim was extremely drunk and helpless.

“The accused punched the victim twice and kicked him with full force into the head when it was not possible to defend himself. It was cowardly,” said Judge Sheehan.

The judge referenced the name Mr Philips was called, saying no words uttered by a drunken man late at night in a bar could possibly justify what occurred.

Judge Sheehan said Mr Philips has no previous convictions relating to violence, had taken the matter seriously, apologised in the garda station and in court, and has €2,000 by way of compensation. Judge Sheehan said significant injuries were suffered by a helpless man “particularly from the kick in the head”.

He said it might be a case that warrants a custodial sentence and he is conscious of the injuries but “something went wrong that night”.

The judge spoke of the “drunken interchange” between the victim and the accused.

“I am treating it as an isolated incident. I am not going to impose a custodial element,” said Judge Sheehan, who imposed a fully suspended three-year jail sentence.

The judge told Mr Philips, “Stay out of trouble”.