A man received a broken jaw after being violently assaulted by his girlfriend’s ex-partner who was ordered to pay €4,000 in compensation and narrowly escaped jail when he appeared at Galway District Court this week.
Colm Lynskey (29 ) with an address at 16 Glenburren Park, Galway, pleaded guilty to assaulting Mr Ivor Harney, at 68 The Friary, Claregalway, on September 1, 2007, under Section 3 Non Fatal Offences Against the State Act.
Inspector Mick Coppinger told the court that Mr Harney had been in the sitting room of the house he shares with his girlfriend, Ms Sharon Molloy. Ms Molloy had been putting her son to bed, when the father (the defendant ) entered the house and ordered Mr Harney to leave. When he got Mr Harney outside the house, Lynskey punched him so hard that he broke Mr Harney’s jaw. Inspector Coppinger said that a medical report “outlines the seriousness of the injury”. He said that Mr Harney made his way to a local hotel where he was collected and then went to make a complaint.
Defence solicitor Olivia Traynor told Judge Mary Fahy that her client, who is a self-employed plumber, had been in a relationship with Ms Molloy for 10 years and they have a seven-year-old child together. They broke up in March 2007. She added that there were no difficulties in terms of the child and that her client is a very good father. She said that he turned up that night hoping to see his child and words were exchanged.
When Mr Harney approached the witness stand he told the court that he had bruising all over his face as a result of Lynskey kicking him and “standing all over” his face. He said that he had been off work for three weeks and had numerous visits to hospital.
Judge Fahy said that it was clear that the defendant has not “moved on”. She added that “violence was no way to deal” with problems. The court then heard that the defendant had no similar previous convictions.
Ms Traynor said there hasn’t been a recurrence and that her client has paid some compensation but needs further time to pay more.
“I’m hoping it’s a once off. I was thinking of a custodial sentence because it’s a very serious assault and there’s also the psychological trauma,” said Judge Fahy.
Mr Harney said that he would take the €2,000 compensation which was offered in court this week and Judge Fahy gave Lynskey further time to pay the remaining balance of €2,000 and the witness expenses of €100. Judge Fahy Adjourned the case to January 12, 2009, for finalisation and warned she will be imposing a suspended sentence with the condition that he stay away from Mr Harney.