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Carpenter jailed for breaking garda's nose in assault at hotel nightclub

A REVELLER who punched an off-duty garda in the face during an unprovoked assault in a nightclub has been sentenced to six months in prison.

Damian Kilmartin (29) left the victim with a broken nose following the assault in Tallaght. His solicitor claimed that Kilmartin hit the victim because he thought that he had been attacked from behind.

The matter was before the court for sentencing after a judge ordered an updated probation report and proof that Kilmartin, who has 12 previous convictions, had paid his historic fines.

Defence solicitor Padraig O'Donovan said the defendant had not paid all his historic fines, which amounted to over €3,000.

Mr O'Donovan said Kilmartin was begging for one more chance.

Judge James McDonnell said Kilmartin had "lost his chance" to pay his fines and he sentenced him to six months in prison.

Kilmartin, of The Wood, Millbrook Lawns in Tallaght, previously admitted before Tallaght District Court to seriously assaulting another pubgoer, an off-duty garda.

The incident took place at the Plaza Hotel, Belgard Road, in Tallaght, on March 1 last year. The court had heard Kilmartin was out socialising with friends when he punched the victim, breaking his nose.

Mr O'Donovan said Kilmartin had tried, but had been unable, to raise the money to pay his fines.

He has already paid €1,000 in compensation to the victim.







Injury

The court heard the defendant is a carpenter but had lost his job. He was also a talented football player and had played in the Dublin Senior League, but a knee injury had halted his football career.

Mr O'Donovan said Kilmartin punched the victim because he thought he had been attacked from behind.

In his favour, Mr O'Donovan said Kilmartin had admitted to the offence and co-operated fully with the Probation Service.

hnews@herald.ie