Suspended sentence for Traveller mediator following 'sulky' assault in Limerick town

A MEDIATOR within the Travelling community received a month suspended sentence for assaulting a 73-year-old after a sulky crash.

Last November, Martin McDonagh, aged 66, of Riverview Estate, Kilmallock, had pleaded not guilty to assault causing harm and dangerous driving at Riversfield, Kilmallock, on September 9, 2018.

However, after a lengthy contested case in Kilmallock Court, Judge Marian O’Leary adjourned the matter to December to give her decision. She found Mr McDonagh guilty of assault causing harm but not guilty of dangerous driving.

The judge gave an overview of the 73-year-old injured party’s evidence.

“He was on his way to his son’s residence on a straight stretch of road. He saw flashing lights but kept going because there was space for the driver (Mr McDonagh) to pull in. He said he saw a horse behind the jeep (driven by Mr McDonagh) and stopped to let it pass.

“He said Mr McDonagh opened his jeep door and began punching him into the face. He said his glasses fell off and his hearing aid was knocked out. After he drove off he turned the dashcam around,” said Judge O’Leary.

This footage was played at the original hearing. It showed blood coming from the 73-year-old’s nose and on his jumper. Mr McDonagh can be heard shouting: “My son could have been killed. Come out you c***. Who do you think you are? I waved you down. You want to be careful, boss.”

The judge summarised the defence’s case by saying Mr McDonagh was driving a jeep with his son in a sulky behind him.

“He said a jeep (driven by the injured party) was 200 metres away, did not slow down and forced him off the road causing the sulky and pony to run into the back of Mr McDonagh’s jeep.

“They said the injured party hit his head off the steering wheel and there was no noise on the dashcam suggesting somebody had been struck,” said Judge O’Leary.

The case was adjourned until last week for a victim impact statement. Judge Patricia Harney presided following Judge O’Leary taking up a new role in Cork.

Reading from the victim impact statement, Judge Harney said the pensioner felt “terrified and trapped” during the assault.

“He said he was assaulted repeatedly by blows to the head. He said his hearing aid was blown out of his ear. He felt disorientated and didn’t know what to do. His nose was bleeding for 20 minutes.

“Since the incident he is living in fear of it happening again as he travels that road regularly. He is fearful of repercussions against himself and his family,” read out Judge Harney from the victim impact statement.

Reginald Garrett BL, who represented Mr McDonagh, said his client has never accepted the verdict.

“He says he did not assault him. He pleaded not guilty. He was convicted. He is 66-years-old. He was married for 43 years, has 10 children and 24 grandchildren.

“At the time he was under considerable pressure. His wife was passing away slowly. He acts as a mediator within the travelling community and has worked with gardai. His wife has sadly passed away,” said Mr Garrett.

The barrister said it was his client’s jeep that was “run off the road”.

“His two grandchildren in the vehicle were very frightened. Mr McDonagh suffers from anxiety, a heart condition, diabetes and depression,” said Mr Garrrett.

Judge Harney said she was not going to impose a custodial sentence.

“I gave it considerable thought. One month prison sentence suspended,” said Judge Harney.

Recognisance was fixed in the event of an appeal.