Man jailed for assaulting solicitor in unprovoked one-punch attack

Kevin Geraghty, 38, spent a year-and-a-half in hospital, had to learn how to walk again and has not been able to work since the assault, Dublin Circuit Criminal Court heard on Monday.

David McFadden, 29, pleaded guilty to one count of assault causing serious harm to Mr Geraghty outside the Back Door Pub in Dublin city centre on 25 June 2016.

He told arresting gardaí he was a “boxer” and said “the f***ing c*** deserved it”. The court heard that Mr McFadden had been assaulted by another man in a totally unrelated incident just a few minutes before he assaulted Mr Geraghty.

Handing down a six-and-a-half-year sentence, Judge Martin Nolan said McFadden carried out a one-punch attack that left his victim with “severe and devastating injuries”.

The judge accepted that Mr McFadden had not intended to cause brain damage to Mr Geraghty when he punched him, but he told the court: “When you punch somebody in the head, you must accept the risk that serious injury can occur.”

“A one-punch assault can have devastating consequences and therefore he has a high culpability in this regard,” Judge Nolan said. “He punched a man without provocation and this man will have to live with these consequences for the rest of his life.”

In a victim impact statement read out by prosecution barrister John Quirke BL, Mr Geraghty, who was in court for the hearing, said he still struggles to come to terms with what happened to him that night.

He said he was angry and frustrated that a “complete stranger caused me such an injury on an otherwise uneventful night to the extent that I nearly died from my injuries and ended up in a coma and have to live with the consequences of a severe brain injury for the rest of my life”.

He said he was now fearful for his personal safety, had trouble sleeping and remained anxious and uncertain about his future.

Garda Christopher Fitzgerald told the court that Mr Geraghty was standing outside the pub with a friend on the night in question when Mr McFadden approached him, said something to him and then punched him to the ground before walking “casually” away.

“It was a completely unprovoked attack”

“It was a completely unprovoked attack,” Mr Quirke told the court. “Mr Geraghty was completely unknown to the accused and there was no interaction between them whatsoever.”

McFadden was arrested by gardaí shortly after the assault. Due to the serious nature of his injuries, Mr Geraghty was unable to remember much of what happened that night. Several witnesses gave statements as to what happened, including Mr Geraghty’s friend, Niall Holland.

In a statement, Mr Holland said he and Mr Geraghty were smoking and chatting outside the pub when Mr McFadden approached Mr Geraghty and said something to him, which Mr Holland did not hear. Mr Geraghty responded and Mr McFadden then punched him to the head.

The court heard Mr Geraghty “went down straight away”. His eyes closed and he appeared to lose consciousness before he hit the ground. His head hit the pavement heavily, the court heard.

Mr Geraghty was taken to St James’s Hospital with catastrophic brain injuries. He underwent two emergency surgeries within 24 hours of the assault to reduce brain swelling. He was in a coma for 10 days. During this time, his family was told twice he would not recover.

He remained in hospital and then in rehabilitation for about a year-and-a-half and underwent further surgery to have a metal plate inserted in his skull.

The injuries he suffered were “life-long and life-altering”, the court heard, and included severe vision difficulties to his left eye, cognitive difficulties, memory loss and difficulty concentrating. He has not been able to return to his job as a solicitor for a bank since the attack and is unlikely to ever drive again.

He has had to leave Dublin and return to his family home in Tipperary. He hopes to return to work in a part-time capacity later this year, but his future career prospects remain uncertain.

The court heard that shortly before the attack, Mr McFadden was in The George pub when he was assaulted by an unknown man. When he was stopped by gardaí shortly after he punched Mr Geraghty, he claimed Mr Geraghty had punched him first.

Michael Bowman SC, defending, told the court: “Mistaken identity or not, it does not explain or justify the actions of the accused man.”

He said Mr McFadden was highly intoxicated at the time of the incident and was “visibly distressed” when he later heard the extent of the injuries he inflicted on Mr Geraghty.

The court heard Mr McFadden, who has 24 previous convictions, had a troubled upbringing, lost his father at a young age and had difficulties with alcohol.

Mr Bowman submitted the assault was not pre-meditated, although this was disputed by the prosecution. He noted Mr McFadden did not use a weapon, nor did he engage in a prolonged attack or assault Mr Geraghty as he lay defenceless on the ground.

“Unfortunately, the consequences of Mr McFadden’s engagement with Mr Geraghty on the night in question could never have been anticipated and were never intended by Mr McFadden,” Mr Bowman said, adding his client wished to apologise for his actions on that night.

Isabel Hayes, CCC.nuacht