Man (29) used baseball bat in Tipperary Town row and hit man with bottle, court told
Three-year prison term imposed on 29-year-old man for his role in two separate violent night-time incidents on Tipperary Town’s Main Street
A 29-year-old man wielded a baseball bat in a violent disorder incident involving several men on Tipperary Town's Main Street last August and assaulted a man in the head with a bottle on the same street just over two weeks previously, Clonmel Circuit Court was told.
Mark Tuohy of no fixed abode received a total of three years imprisonment with the final year suspended for two years at the court's latest sitting.
He received the sentence for assault causing harm to Dean McDonagh at Main Street, Tipperary on July 27 last year and engaging in violent disorder at Main Street, Tipperary on August 12 last year.
Two counts of producing an article in the course of a dispute at Main Street, Tipperary on July 27 and August 12 last year were proven and taken into account. He pleaded guilty to all four offences.
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Judge Cephas Power condemned Mr Tuohy's use of the baseball bat in the violent disorder incident as an “intolerable threat to public safety” and said the incident “created an atmosphere of danger” in the town as he imposed the sentence.
Sgt. Chris McGrath told the court gardaí were made aware of an altercation near Eskimo Pizza on Main Street around 2.30am on July 27 last year. When they arrived there a short time later, they saw blood on the footpath and a pink t-shirt. There was no person present.
They came across Mark Tuohy and the arm of his jacket was ripped. While patrolling the area in an attempt to find the injured party, the gardai were contacted by the ambulance centre and went to the home of Dean McDonagh who had a cut to his head and suffered a chipped tooth.
Mark Tuohy was named by Mr McDonagh and a witness as the person who hit him with a bottle. CCTV footage showed the defendant walking to and from the scene of the assault but didn't show the assault.
When interviewed by gardaí following his arrest, Tuohy admitted fighting with McDonagh. He hit Mr McDonagh with the bottle because Mr McDonagh stuck his finger in his eye.
Sgt. McGrath read Dean McDonagh's Victim Impact Statement which outlined that he received seven stitches for the laceration to his head and his damaged tooth was replaced at the cost of €1,000. He also lost about two weeks wages due to the assault.
Mr McDonagh said his sleep was disturbed after the incident and he didn't feel safe around Tipperary Town. He was constantly on edge and afraid Mr Tuohy would attack him without warning.
He said this affected his relationship with his children as he didn't take them to places. He used to play soccer for Tipperary Town FC but hadn't been back playing since the incident.
In relation to the August 12 offences, Sgt. McGrath outlined that Mark Tuohy and John Fitzgerald were involved in a violent dispute at Market Place in Tipperary Town on that date and Tuohy had a baseball bat.
Following on from this incident, there was a further altercation on Main Street where Mr Tuohy ran into the middle of the street and banged the baseball bat on the road. CCTV footage showed a second man holding a hurley running down the road and the two men attacked each other. Then two further men, who remain unidentified, joined in and Mr Tuohy was assaulted by all three men. There were a number of bystanders, including a number of females.
CCTV footage of the incident that began at 9.35pm was shown to the court.
Sgt. McGrath said Mark Tuohy had 86 previous convictions, 56 of which were for public order offences. He also had convictions for robbery, assault, producing an article in the course of a dispute, possession of drugs and criminal damage.
Under cross examination from defence barrister Edward O'Mahony, Sgt McGrath agreed the other witness to the July 27 assault of Mr McDonagh was in the company of Mr McDonagh and agreed the evidence was limited to the statement this witness gave to gardaí. He agreed no bottle was found at the scene of the assault.
In relation to the dipute between Mr Tuohy and Mr Fitzgerald at Market Place, Mr O'Mahony put it to Sgt. McGrath that the baseball bat Mr Tuohy was seen with was one he took from Mr Fitzgerald.
Mr O'Mahony said Mr Fitzgerald's former partner was in the company of his client at Market Place when Mr Fitzgerald and another male drove up in a car. Mr Fitzgerald emerged from the car with the baseball bat and there was an altercation.
Sgt. McGrath said he was not in a position to dispute this and noted the incident was not shown on CCTV footage.
In relation to violent order offence, Mr O'Mahony argued Mr Tuohy's plea of guilty was significant as there was no complaint made to gardaí in relation to the incident on Main Street and no one made any statements.
Sgt. McGrath replied that the charge of violent disorder was based on CCTV footage of the incident.
Mr O'Mahony pointed out his client pleaded guilty to the offences before the court at the first opportunity.
He argued the guilty pleas were of significant value and should be given certain weight by the court. Mr McDonagh had no recollection of the assault and the question of self-defence arose in relation to his client.
In relation to the August 12 offences, his client was completely overwhelmed by a number of men and the barrister argued that if the case went to trial there would be a strong case to be made that his client had been defending himself.
“I have to suggest that this matter could have been contested and there is a possibility the jury could have found in favour of Mr Tuohy,” Mr O'Mahony added.
The barrister said Mr Tuohy was in custody since his arrest last August and prior to that he was effectively homeless. He suffered from significant addictions for a number of years but was attending Merchant's Quay counselling while in prison.
In relation to the assault on Mr McDonagh, Judge Power pointed to Tuohy's use of a weapon, the harm caused to the injured party and force used and noted his previous convictions for assault.
He described Tuohy's use of a baseball bat on Main Street on August 12 last year as an “intolerable threat” to public safety in a shared public space that “caused fear and chaos and anxiety to members of the public” who were entitled to go about their business without fear.
Judge Power said the incident “created an atmosphere in Tipperary Town of danger” and put passers by at immediate risk.
He imposed two 18-month consecutive jail terms for the assault causing harm and violent disorder offences. He suspended the final year of the 36-months prison sentence for two years on condition Mr Tuohy entered a bond to be of good behaviour and sober habits and come under the supervision of the Probation Service during that two-year period.
The Judge backdated the commencement of the prison sentence to August 16 last year when Mr Tuohy first went into custody.