THE COURT of Criminal Appeal has quashed the conviction and five-year sentence imposed on a doorman in relation to an incident outside a pub in Dublin in which a man sustained a serious brain injury.
The court reserved judgment on Charlie Dunne’s appeal against the severity of a two year sentence imposed for the assault of another man in the same incident.
Mr Dunne, Darley Street, Harold’s Cross, Dublin, was convicted at Dublin Circuit Criminal Court in March of assault causing harm to Noel Fitzpatrick and Paul Morgan on November 27th, 2004, at Roddy Bolands pub in Rathmines, Dublin, where Mr Dunne was working as a doorman.
The prosecution had claimed the two school friends were struck by Mr Dunne after they were ejected from the public house and that this caused Mr Fitzpatrick to fall backwards and strike his head. Mr Morgan sustained a cut over his left eye which required stitches. Mr Dunne, who had worked as a bouncer at the pub, was jailed for five years for the assault on Mr Fitzpatrick and a concurrent two-year term was imposed for assaulting Mr Morgan.
Yesterday, the three judge appeal court with Mr Justice Nicholas Kearns presiding and sitting with Mr Justice Declan Budd and Mr Justice Michael Hanna quashed the conviction imposed on Dunne for the assault on Mr Fitzpatrick on the basis the trial judge should not have allowed the charge related to Mr Fitzpatrick go before the jury.
It reserved judgment on Mr Dunne’s appeal against the severity of the two year sentence imposed for the assault on Mr Morgan.
Earlier, Michael O’Higgins SC, for Mr Dunne, argued the conviction was unsafe on grounds including that Judge Patricia Ryan had erred in law by allowing the charge of assault of Mr Fitzpatrick go to the jury after the defence had argued there was insufficient evidence to convict Mr Dunne on that charge.
Remy Farrell, for the DPP, opposed Mr Dunne’s appeal.
Mr Justice Kearns said the court had no option but to quash the conviction for the assault on Mr Fitzpatrick. While there was evidence that Mr Dunne struck Mr Morgan, the situation in relation to Mr Fitzpatrick was “far less clear”, he said.
The appeal court’s decision had no bearing on any civil proceedings that may arise from the incident, the judge added.