herald

Wednesday 18 October 2017

Pharmacist to pay €25k for slashing rugby fan with teacup

a Dublin pharmacist has received a three-year suspended sentence and been ordered to pay €25,000 after he slashed the ear of an Italian rugby fan with a teacup in an unprovoked assault.

The attack came after Fergus Gallagher (32) took offence over an incident involving a cup of tea.

Gallagher later told gardai he had no recollection of the assault as he had been drinking alcohol having earlier taken both anti-depressants and painkillers.

Gallagher, of Rockford Terrace, Deansgrange Road, Blackrock, pleaded guilty at Dublin Circuit Criminal Court to assault causing harm to Andrea Muggetti at Sinnott's Pub, South King Street, on February 25, 2012.

He had four previous convictions which were all dealt with in the District Court and included an offence for assault causing harm. Gallagher had €10,000 in court as a token of his remorse.

Garda Philip Gleeson told Pieter Le Vert BL, prosecuting, Gallagher broke down in tears when he was shown CCTV of the attack, telling officers that it was deplorable behaviour.

"It's disgusting and shocked me to my core. I lost all sense of decency temporarily and I have no doubt that I caused the assault", Mr Gallagher said.

Mr Muggetti required 45 stitches to close the cut around his ear and was expected to have a serious disfigurement as a result.

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The 48-year-old returned to Italy after the attack where he continued to have medical treatment, and the court was supplied with a translated medical report from there.

It concluded that he has a reduced ability to close his eye and still has pain to his ear and his right cheek. He can't wear a helmet so is unable to ride a motorbike since, a mode of transport which he used to get to and from work but also as a leisure activity.

A victim impact report concluded that Mr Muggetti incurred a financial loss of €20,491, including loss of wages and medical treatment.

The court heard that Gallagher had taken Mr Muggetti's cup of tea unbeknowst to the victim and when the accused's girlfriend went to reimburse him Gallagher took offense and struck the man with the cup on the back of the head.

Gallagher was still outside the pub when gardai arrived to investigate. He was later treated for a significant cut to his hand.

Gda Gleeson agreed with John Fitzgerald BL, defending that his client has not come to Garda attention since the offence.

Judge Mary Ellen Ring first heard the evidence in the case on Tuesday and revoked Gallagher's bail remanding him in custody until yesterday to allow her time to consider the various reports before the court.

She ordered that the €10,000 Gallagher had previously collected to go straight to Mr Muggetti. She also ordered Gallagher to raise a further €15,000 to be paid over in instalments to the victim by October next year.

hnews@herald.ie

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