Assault by GAA and rugby player after his face is stroked in Limerick nightclub

A RUGBY and GAA player has pleaded guilty to an assault in a Limerick nightclub after a man stroked his face, a court has heard.

Colm Heffernan, aged 27, with an address at Rosehill, O’Callaghan Strand, Limerick city but is from Kilbeggan, County Westmeath, admitted to one count of assault causing harm in the early hours of November 13, 2022.

Prosecuting barrister John O’Sullivan, instructed by State solicitor Padraig Mawe, outlined the evidence at Limerick Circuit Criminal Court.

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Mr O’Sullivan said the victim, who is a 30-year-old qualified physiotherapist, was on a night out with friends in Amber Nightclub in Limerick city.

“At around 2am the victim said a companion of his told him he had been punched in the face and pointed out the person (Mr Heffernan) who he claimed hit him. The victim went over to Mr Heffernan and queried why he had hit his friend. 

“The victim said: ‘I don't know what happened after that until I was upstairs with an ice pack on my eye. I don't remember being hit. I'm sure I went unconscious immediately’,” said Mr O’Sullivan.

The injured party was taken to hospital where a CT scan revealed he had no broken bones but he did have bruising and swelling to his left eye and his front tooth was loose and cracked. 

Dental treatment, including a root canal, cost €1,600 and he lost out on two / three weeks of work, the court heard.

The injured party declined to make a victim impact statement but did tell gardai: “I don’t know why he hit me. My head, jaw and tooth are sore. I feel anxious and frustrated about the whole situation. I'd be nervous to go out again.”

CCTV footage was harvested from the nightclub by gardai and Mr Heffernan was identified.

Mr O’Sullivan said a male can be seen striking the victim twice with is fist on CCTV, which was played in court.

Mr Heffernan was arrested by gardai, answered their questions, was co-operative and was “full and frank”, said Mr O’Sullivan.

The prosecuting barrister read out what Mr Heffernan told gardai.

“I was dancing with two of the lads and two girls. I got a shoulder which threw me into the group. I turned around but there was nobody there. I continued dancing, somebody backed up into me and I shrugged them off.

"I turned around, a man (not the victim) put up his hands and was stroking my face. I grabbed his hand and pushed him away. Then his friend (victim) came over and asked why I had pushed him. I said, ‘because he had his hand in my face’.

“I turned back to my group. The tall guy (victim) grabbed my arm and asked me again why I pushed his friend. As I answered him, the other lad started stroking my face again. I turned around to him and told him ‘one more time’. 

“He slapped me in the face so I hit him. His big tall friend (victim) hit me, and then I hit him. The bouncer grabbed me by the arm and escorted me out,” read out Mr O’Sullivan.

Mr Heffernan, an accountant who was studying in University of Limerick at the time of the assault, told gardai he received a broken nose on the night. 

Mr O’Sullivan said it is the prosecution case that while there was “undoubtedly a background to it involving the victim’s friend, the accused was the aggressor on this night”.

Mr O’Sullivan said Mr Heffernan and the victim are “both men of good character”.

Kenneth Kerins BL, who represented Mr Heffernan, read out a letter of apology penned by his client.

“My actions were wrong. I am truly sorry for the pain and distress I have caused. I showed poor judgement and I am ashamed of how I handled the situation. I have treated this matter very seriously, actively seeking help including completing an anger management and conflict resolution course. I am genuinely remorseful and take responsibility,” read out Mr Kerins.

The barrister also handed in letters from Kilbeggan Shamrocks GAA Club and Shannon RFC.

The letter, from the GAA club, said it was “completely out of character” while the rugby club described Mr Heffernan as a "role model”

Mr Kerins said Mr Heffernan has pleaded guilty, has no previous convictions, is of good character and is genuinely remorseful.

“He let himself down that night - it was an aberration and completely out of character. 

“He was socialising and there were very minor circumstances that caused Mr Heffernan to react in a way he shouldn’t have. He fully accepts that. He has learned a salutary lesson,” said Mr Kerins, who asked Judge Colin Daly to take into account all the mitigating factors when passing sentence on Mr Heffernan. 

“He has a bright future,” said Mr Kerins.

The barrister said his client has €1,700 in court to pay for the victim’s dental treatment and wants to give a further €5,000 as a gesture of remorse. However, Mr Kerins said there has been a TB reactor in his father’s herd of cattle and he can’t sell any until October.

The barrister asked for some time to pay compensation.

Judge Daly put sentencing back until October for compensation to be paid.

“It would carry more weight if it came out of his own pocket and not his father's,” said the judge.