herald

Wednesday 19 December 2018

Mum who hit victim with bottle avoids jail

CHRISTENING: Man suffered vicious attack in pub toilet

A WOMAN who, with her partner and brother, viciously assaulted an innocent man has been ordered to carry out 80 hours community service.

The victim was headbutted by Claire Dunphy's brother while drinking in Murray's Bar, Kilmainham, and when he went into the bathroom, her partner asked him if he was 'okay' before he punched him in the back of the head and kicked him after he fell to the ground.

Then, while the victim was being helped out of the bathroom, Claire Dunphy hit him on the head with a glass bottle, knocking him unconscious.

Garda Eoin Cooper told prosecuting counsel Caroline Cummings that the group had been at the pub for a family christening. Immediately before the assault someone present had made a comment about Claire Dunphy, but it was not clear who.





alcohol

Claire (23) and Michael Dunphy (21) of Windmill Road, Crumlin, and Declan Nolan (20), of St Teresa's Gardens, Rialto, pleaded guilty at Dublin Circuit Criminal Court to assaulting Dean Fox on June 28, 2006.

Judge Katherine Delahunt heard that Claire Dunphy had no previous convictions and hit Mr Fox because she felt under threat. A probation report was ordered and she was remanded on bail.

Judge Tony Hunt accepted a "positive" community service report on behalf of Dunphy yesterday and confirmed the previous order made by Judge Delahunt in her absence.

Dunphy was ordered to carry out 80 hours community service within 12 months in lieu of a six-month sentence.

Her two co-accused were on an earlier date both sentenced to 12 months in prison. Michael Dunphy has 24 previous convictions while Nolan has 14 convictions.

Garda Cooper said Mr Fox was in the smoking area when an extremely drunk Michael Dunphy came out and asked him for a cigarette.

Someone else made a comment which Michael Dunphy laughed at before he headbutted Mr Fox in the nose.

He continued to hit him until the victim pushed him away and went to the bathroom because his nose was bleeding. As he was leaning over the sink, Nolan came in and asked him what was wrong. Mr Fox responded that he had been beaten up before Nolan hit him in the back of the head.

While Mr Fox was on the ground Nolan kicked him in the stomach before the victim's brother entered and held him off. As Mr Fox was being helped out of the bathroom by his brother, Claire Dunphy hit him with a bottle and then smashed it on the ground.





Arrested

Gardai arrived and arrested Michael Dunphy, who was extremely abusive. The other two were arrested shortly after.

Sandra Frayne, defence counsel for Michael Dunphy, said he was extremely drunk on the night and has an alcohol problem. She said he had a baby girl the week before the incident and had settled down since.

Martina Baxter, defending Claire Dunphy, said she is in a stable relationship with Nolan and they had a two-year-old child together.

Michael Bowman, defending Nolan, said he also had a drink problem and handed in a letter of apology on his behalf.

hnews@herald.ie

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