A man recently appeared in court in connection with an assault incident outside a west Waterford pub on St Patrick’s Day in 2023.
Derek Grant (33) with an address at 32 Croughan View, Kilmacthomas, Waterford, appeared before Judge Eugene O’Kelly for a sentencing hearing at Waterford Circuit Criminal Court in May. He pleaded guilty to a charge of assault causing harm, contrary to Section 3 of the Non-Fatal Offences Against the Person Act.
St Patrick’s Day 2023
The court was told that on the night of 17 March 2023, Gardaí received a report of an incident outside D Kirwan/Mulhearne Foodstore, also known as ‘Danny’s’ Bar in Kilmacthomas. It was stated that the victim in the case was at the pub with his partner and a friend, when a verbal altercation started between him and the accused.
Following this, it was heard that the accused elbowed the victim while he was drinking from a pint glass, which led to him chipping his teeth. The two men separated, and later in the night in the smoking area, the accused then grabbed the injured party by the throat, punched him a number of times and knocked him to the ground.
The victim reported the incident to Gardaí that night. It was heard that the accused initially gave an opposite account of the incident in a statement, saying that it was the injured party who grabbed him, before they both fell to the ground with punches being thrown.
A victim impact statement was read out to the court, where the man involved said that night was his first social outing in a number of months, after he recovered from eye surgery. The victim added that he “found it hard to socialise again” after the incident, and it caused him “great psychological distress.”
He also said in his statement that he was a ‘confident’ person before, but now feels “anxiety and worry” in crowds.
Defence counsel Seán Ó Mahony BL said both parties in the case were “heavily intoxicated”, and that Gardaí were able to identify both from CCTV footage, which since became corrupted was not able to be shown to the court. He added that there were no independent witnesses to the incident, as the accused was also at the pub with a friend that night.
Mr. Ó Mahony said that the DPP initially indicated that the matter could be heard at the District Court, but jurisdiction there was refused by a judge. His client was sent forward to the Circuit Court in April 2025, and a guilty plea was indicated last October.
The barrister added that his client was ‘co-operative’ and showed ‘remorse’ by making a payment of €550 in compensation to the victim, despite experiencing financial difficulties.
“Low level of victim awareness”
A probation report was prepared before the sentencing hearing, and Judge O’Kelly noted that it stated the accused had a “low level of victim awareness.”
Mr. Ó Mahony asked the judge to consider the report in light of his client pleading guilty, stating it was a “plea of value.” He added that the report also indicated the accused has a “good employment record, is pro social, and has a low-risk of reoffending.”
Along with this, Mr. Ó Mahony highlighted that his client also suffered injuries in the incident, but acknowledged that this was “no excuse at all” for his behaviour.
In a letter of apology to the court, the accused said: “I genuinely regret not walking away.” He again highlighted that alcohol was involved on both sides but accepted this was not an excuse for his behaviour in the letter.
A letter from the accused’s wife said it was a “hard lesson” and the “first time before any court” for him, and a reference from his employer, at an energy company, said he is a “hard working man.”
Judge O’Kelly questioned if the accused wrote the apology letter, given what was stated in his Probation report. Mr. Ó Mahony confirmed that his client did write the letter, to which the judge added: “If he wants to show remorse, why is he wasting his Probation officer’s time?”
Mr. Ó Mahony said his client “fully admits and accepts” that he struck the injured party, and that he focused heavily on the background to the incident while speaking to his Probation officer. The barrister asked Judge O’Kelly if the court could “weigh heavier on the apology letter rather than the report” and show leniency if possible. He concluded by asking if a conditional discharge would be possible for his client, given that the DPP initially directed that the case could be heard at the District Court.
After refusing this request, Judge O’Kelly said it was ‘dangerous’ for the accused to have elbowed the victim while he drank from a glass, and that he punched him a number of times instead of walking away. He added that the man now has “to live in a state of hypervigilance” as a result.
The judge determined that the gravity of the offence was in the ‘mid-range’ and set a headline sentence of two years.
Judge O’Kelly reduced the sentence by six months due to the accused having no previous convictions, working full-time, as well as the fact that he paid compensation to the victim.
The judge handed the accused an 18 month sentence, which was fully suspended for a period of 18 months.
Funded by the Court Reporting Scheme
Robyn Power
