ONE man suffered a broken jaw and another man bruising after a punch-up in a Co Donegal nightclub sparked by homophobic comments about a shirt, a court has heard.
Two men from the county appeared at Letterkenny District Court, each contesting assault charges arising out of an incident on the night of August 15, 2012.
A Garda investigation was launched when Michael McDevitt, Drury Road, Kerrykeel, made a formal complaint of assault to officers at Letterkenny on August 24, 2012.
He had suffered a serious blow in the incident nine days earlier and was later transferred from Letterkenny General Hospital to Altnagelvin in Derry where he underwent surgery to repair a broken jaw.
A metal plate and six bolts had to be inserted into his jaw.
Adam O’Donnell, a 22-year-old apprentice toolmaker from Castlewray, Letterkenny, later admitted punching McDevitt, but insisted it was in self defence, and only to protect his younger brother Mark who had been accosted by McDevitt who had made references to his clothes and his “gay shirt.”
After hearing evidence from both men, Judge Paul Kelly convicted McDevitt of disorderly conduct in a public place, relating to his comments to Mark O’Donnell.
He also convicted both McDevitt and Adam O’Donnell on assault charges.
Inspector Michael Harrison said he felt “sad to have to prosecute this case” of two young men with no previous convictions.
The inspector said that on the evidence given to the court it was clear that Adam O’Donnell saw that his brother was frightened and he went to look after him.
Michael McDevitt was throwing insults at the young man Mark, he said, and his brother went over and intervened and an altercation took place.
Judge Paul Kelly agreed. He said the disorder in a public place – the insults to Mark O’Donnell – was proved.
He said there was some type of lunge by McDevitt on Adam O’Donnell in which he received a minor injury. Adam had retaliated resulting in life-changing injuries for Mr McDevitt, a 20-year-old student who worked as a kitchen porter at the Rathmullan House Hotel.
“It’s a sad state of affairs when two very young men end up before the courts in a most unsavoury incident,” said Judge Kelly.
He said the incident was started by McDevitt “who must have been in a state of considerable intoxication” having consumed two pints of bulmers and a half a bottle of vodka before going to The Grill and then six vodkas and two Jagemeisters on the premises.
He said McDevitt’s claim that he “wasn’t too bad” was “totally lacking in any credibility.”
Judge Kelly said: “He was extremely intoxicated and he couldn’t be anything other than extremely intoxicated.
“He subjected Mark O’Donnell to extremely offensive insults and his brother Adam had intervened. The incident escalated almost instantly and I am satisfied they struck each other.”
The judge said he was all too aware of fatalities occurring where a single blow has been thrown.
“Young men in particular seem to have no regard for how a single blow can have catastrophic consequences,” said Judge Kelly.
The judge said it was his view that long term implications for their future should be avoided where possible.
He asked for probation service reports before passing sentence.
The case was adjourned.