A Clare man, who told a court he lit candles in memory of the man he assaulted at a nightclub in Ennis last October, was jailed for six months yesterday.
Mr Alan O'Donnell, a 20-year-old Crusheen man, died two days after what Judge Seán O'Leary described yesterday as an "unprovoked assault" by Mark Donovan (27), Clancy Park, Ennis.
At Ennis Circuit Court yesterday, Donovan pleaded guilty to assaulting Mr O'Donnell at the Queen's nightclub in Ennis.
Apologising to the O'Donnell family, Donovan said: "I am truly sorry for what I did. I want to apologise to Alan's mother and father. I never meant anything like this to happen."
Asked what effect Mr O'Donnell's death has had on him, Donovan replied: "It hasn't been easy. I light candles in the church for him."
The court heard that on the night of the assault, Mr O'Donnell collided with Donovan on the dance-floor and Donovan swung around and punched him on the head.
The punch, along with the crowd moving in what Judge O'Leary described as a "violent way", caused Mr O'Donnell to fall and hit his head off the floor.
Counsel for the accused, Mr Michael Collins, said: "The blow by Mr Donovan did not account for the serious damage to Mr O'Donnell's skull, this occurred with the impact with the dance-floor." The court heard that Mr O'Donnell walked away from the assault and returned to Crusheen,where he fell ill and was shortly afterwards removed to Cork University Hospital.
In his judgment, Judge O'Leary said it was a difficult decision to take by the DPP as to whether the assault on Mr O'Donnell could have sustained a more serious charge. Taking into account Mr Donovan's guilty plea, having no previous convictions, his genuine remorse and the decision not to have case disposed of in the District Court, which would have warranted a maximum sentence of 12 months, Judge O'Leary sentenced Donovan to six months in jail.
