A reforming alcoholic who robbed and kicked a man with cerebral palsy has promised a Dublin Circuit Criminal Court judge that he will not drink over the Christmas period.
Mark McCowen (40), who says he did not know the man was disabled, told Judge Melanie Greally: “I am so disgusted with what I did.” He said he was “really intoxicated” at the time.
He told Judge Greally: “I have cleaned up my act completely.” He said he was no longer drinking and was attending Alcoholic Anonymous. “I am really sorry for what I did,” he said.
McCowen of Knockmore Crescent, Tallaght , Dublin pleaded guilty at Dublin Circuit Criminal Court to robbery at Parnell Street of a mobile phone and headphones on March 31, 2014.
McCowen has 66 previous convictions including a five-year sentence for manslaughter in 1996.
The court heard his offences since this robbery have been drink-related public order offences at “the nuisance end of the scale”.
Judge Greally said she would order a probation report to see whether there was real motivation to rehabilitate. She attached a condition that McCowen abstain from alcohol over the adjourned period.
She told McCowen that if he was spotted about the place drunk he would go into custody. She adjourned the case until February 15th next year.
Garda Cian Farrelly told Sinead McMullen BL, prosecuting, the 22-year-old victim was walking towards O’Connell Street after attending the cinema when he was approached by McCowen and a woman. The woman asked for 50 cents but the man was suspicious and told her he only had notes.
There was some discussion before McCowen went to grab the man’s phone, then kicked him, before taking the phone and attached headphones. Gardai were alerted and retrieved CCTV footage from the area.
McCowen was arrested and told gardaà he had been “pretty drunk and out of it”. He accepted grabbing the phone but denied kicking the man. He sold the phone for €100 and spent it on alcohol.
McCowen said he did not know the man had cerebral palsy and that he was very sorry.
The injured party suffered a cut from the kick but did not wish to make a victim impact statement.
Gda Farrelly agreed with defence counsel, Kathleen Leader BL, that McCowen’s admissions were significant as the CCTV footage did not capture the offence.
He agreed that a witness to the robbery had not realised the man had a disability until she was speaking to him and that it was “possible” there was something in McCowen’s claim he did not know his victim was disabled.
Gda Farrelly agreed that McCowen had long-term addictions and a chronic alcohol dependency.
Ms Leader said McCowen had health issues and was “in and out” of Tallaght hospital on a regular basis. Judge Greally ordered a medical report be prepared for the next occasion.