Teenager assaulted outside Limerick takeaway in case of ‘mistaken identity’
A TEENAGER suffered a broken jaw after he was struck outside a take-away in Limerick city in what was a case of mistaken identity.
Keith McInerney, aged 21, of Kileely Court in the city pleaded guilty to assault causing harm to a then 19-year-old at Ellen Street on November 1, 2018.
Prosecuting barrister, John O'Sullivan, instructed by state solicitor Padraig Mawe, outlined the sequence of events with the assistance of Detective Garda Eoin Murray.
Mr O’Sullivan said the victim had been out socialising and was getting food.
“He was with a group of people. The defendant accused him of giving cheek to his uncle at Thomond Student Village on a previous night. The victim said ‘it wasn’t him’ and he ‘didn’t know what he was on about’,” said Mr O’Sullivan, who was quoting from the injured party’s statement.
It read: “He hit me with a right hand punch. I stumbled back. He took off his jumper. He got hyped up. I walked up a lane.”
Mr O’Sullivan said the victim called his mother and was in a lot of pain. He later underwent an operation for a broken jaw and had four screws inserted.
Mr O’Sullivan said Mr McInerney “struck (the teenager) suddenly, without warning or a slight bit of provocation”. CCTV footage of the assault was then played to the court.
Det Garda Murray said Mr McInerney was “fully co-operative” and admitted to striking the victim and following him with the intent of striking him again.
Mr O’Sullivan asked the detective garda if Mr McInerney admitted asking the victim why he was giving his uncle cheek and saying, “I hit him a box”. “Yes,” said Det Garda Murray, who added that an allegation that the injured party was giving the defendant’s uncle cheek was “unfounded”.
Jack Nicholas BL, representing Mr McInerney, said the issue stems from his client's uncle working in Thomond Student Village.
“It was Mr McInerney’s opinion that the victim had been threatening and abusive towards his uncle. He attended the garda station and was co-operative,” said Mr Nicholas, who spoke of his client’s “tragic background”.
Det Garda Murray agreed Mr McInerney was forthcoming and that he identified himself.
Judge Tom O’Donnell noted Mr McInereny has a previous conviction for assault causing harm and was previously “given a chance”.
The defendant’s employer - a sub-contractor in the building trade - also took the stand.
He described Mr McInerney as an “agreeable young lad, very respectful, never seen any outbursts”. He said he “liked his approach and manner”.
The witness said nobody could condone what was shown on the CCTV and it was “terrible to see it” but he has “great potential”.
Judge O’Donnell expressed concern saying such incidents are “far too prevalent” in the city.
“It was a sucker punch. He had no idea the punch was coming. The camera doesn’t lie - but for the fact the victim made good his escape he would have been hit again. He has a previous conviction for assault,” said Judge O’Donnell who added that Mr McInerney's co-operation was a mitigating factor.
“It is a Jekyll and Hyde scenario. The accused has difficult personal circumstances but that does not entitle him to behave like that. If alcohol gets him into this type of difficulty he should give it up,” said Judge O’Donnell, who imposed a two year prison sentence which he suspended in full.
Mr McInerney entered a bond to keep the peace and to be of good behaviour for two years.