Attacked man in front of partner at Ardee home

Three men who attacked a man – in front of his partner after calling to his home in Ardee - were under the mistaken belief that he had assaulted someone earlier in the night, Dundalk Circuit Court heard last week.

Tadhg Smyth (29) of Willow Close, Drogheda Road, Ardee, Dean Leavy (27) of Rockfield Close, Ardee and Aaron Kerley (23) of The Cottage, Mullenstown, Ardee, pleaded guilty to assault causing harm, at Tower View, Stoney Lane, Ardee on February eighth 2015.

The sentencing hearing was told last Wednesday that the victim of the assault and his girlfriend had returned home after being at a 30th birthday party in a local nightclub around 3am ­ on their first night out after the birth of their son four months earlier.

About an hour later, there was banging on the front door and when he got downstairs, the injured party told gardai the three accused were roaring at him.

Tadhg Smyth was the first to strike him – with his fist clenched and the victim fell to the ground.

He described to gardai all three striking him and the blows continuing while he was on the ground.

The injured party – who tripped on a kerb, ended up on the grass with Tadhg Smyth sitting on his chest punching him in the face.

The victim received seven stitches to a wound on his forehead and sustained a minimally displaced fracture of the hose.

The court heard Tadhg Smyth – who had not been in the nightclub, had 24 previous convictions mostly for road traffic offences, Aaron Kerley had no previous convictions, and Dean Leavy had one previous for driving without L-plates.

Mr. Kerley - who had just turned 18 at the time, had €2,500 in court for the injured party and Mr. Leavy had €2,000 as an expression of their remorse.

Mr Smyth’s Senior Counsel said his client was diagnosed with autistic spectrum disorder and has been on disability allowance all his life. He stressed that none of his previous convictions relate to inflicting violence on others.
Judge Baxter - who described the defendants behaviour as ‘horrible, menacing and sinister’ put back sentencing to the next sessions in October.

The judge said she wanted restorative justice and community service to be investigated in respect of all three and directed that the Probation officer be made aware of the impact on the couple.