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Thursday, February 04, 2010
Smashed glass into man’s face
A MAN who glassed a complete stranger in the Stores nightclub leaving him with permanent scaring was jailed for a year at Wexford Circuit Criminal Court on Thursday and ordered to pay his victim €10,000.
Derek Kehoe (32) of Belvedere Grove, Wexford pleaded guilty to assault at the Centenary Stores on August 5, 2007 last April. At a hearing late last year Kehoe offered to pay Stephen Archer €10,000. Philip Sheahan BL, prosecuting for the State, said Mr. Archer accepted the sum offered.
The court heard that in the early hours of August 5, Detective Garda Pat O’Brien was called to the Stores nightclub following an incident involving the defendant. Inside the club, there had been some interaction between the men, described as eyeballing, a couple of times during the night.
Then later int he night, Kehoe approached Mr. Archer and smashed a pint glass into his face, in what was described as a completely unprovoked attack.
Mr. Archer was taken to Wexford General Hospital and a subsequent medical report described the “devastating cosmetic injuries” and that there will be a permanent scar on Mr. Archer’s left cheek. Mr. Archer has undergone two surgeries to date and may need some further surgery.
In his victim impact statement Mr. Archer said he was a much more nervous person following the attack and that when someone approached him, his inclination was now to clench his fists just in case.
He said people had described him as a ‘gentle giant’ but he said the scar on his left cheek makes it hard to meet new people and he also believes it has hindered his chances of getting work as people are put off by the scar during interviews.
Mr. Colman Cody, BL, representing Kehoe said his client has been attending AA meetings since being remanded in custody in November.
He said a full Psychiatric Report was sought, but only a brief report was provided.
Judge Alice Doyle said: “I am very surprised there isn’t a full report before the court in this case. It’s very, very unsatisfactory.” Mr. Cody asked the Judge not to send his client to prison.
He said Kehoe is fortunate he is only before the court on a Section 3 assault charge as an even more serious injury could have been caused.
“How does a hither to law abiding citizen, with a previous good character do this,” he said.
He said Kehoe goes out infrequently, but when he does he has a big problem with alcohol.
Mr. Cody said there was no vengeance or vindictiveness on the part of his client.
“He has learned an extremely serious lesson from his time in jail. He knows he has a severe difficulty with alcohol.”
He asked Judge Doyle to suspend any sentence she saw fit to impose, which would enable his client to continue working and possibly pay more compensation to Mr. Archer.
“Rather than having him sitting sullen and brooding in prison, outside he can help society, himself and Mr. Archer. Give him the opportunity to make amends.”
Judge Doyle said the defendant glassed Mr. Archer in an unprovoked attack scarring him for life.
“It was a shocking incident and very, very violent.” She sentenced Kehoe to two-and-a-half years in jail, suspending the final 18 months on condition he liaised with the Probation Services for two years when released and that he continues attending whatever treatment he needs.
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