By Isabel Hayes
A man who took part in beating up a man on the grounds of Tallaght Hospital in a row over a stolen phone has been jailed for nine months.
Kevin Malone (32), with an address in Allenton Way, Tallaght, Dublin, pleaded guilty to one count of violent disorder at Tallaght Hospital on September 18, 2016.
In Dublin Circuit Criminal Court on Tuesday, Garda Colin Hetherington told Tony McGillicuddy BL, prosecuting, that he and a colleague were called to the hospital grounds on the day in question.
Upon arrival, they discovered the victim lying on the ground with blood seeping from his head. A wooden pole was lying nearby. He had been attacked by three men.
CCTV footage was obtained from the hospital, which showed Malone and two other men carrying out the attack, Gda Hetherington said.
Sentencing Malone, Judge Martin Nolan noted it was a violent attack. He accepted Malone was “the lesser of those involved”. He sentenced him to nine months in prison and backdated it to last September, when Malone first went into custody.
The court heard the CCTV footage showed the three men arriving at the hospital in a BMW car.
Upon spotting the victim and his brother, they got out of the car. One of the men, who can’t be named as he is facing trial, took a wooden pole out from inside his tracksuit bottoms and started hitting the man with it, the court heard.
The victim tried to run away and was pursued by the three men. He fell to the ground while still being hit with the pole. Malone then kicked and punched him in the lower back a number of times. A third man, Brandon Healy, kicked and punched him to the head, the court heard.
Healy was also due to be sentenced for his role in the incident on Tuesday but he failed to appear in court and a warrant was issued for his arrest.
The court heard the victim did not wish to give a victim impact statement. Details of his injuries were not outlined in court.
Kieran Kelly BL, defending, said his client had a number of previous convictions for minor matters. This was his first circuit court case.
He said the incident arose after the victim took a mobile phone. “The three individuals who were present at the scene were seeking its return,” he said.
Mr Kelly said his client was the least involved of all three attackers and that he punched the victim once and kicked him four times.
He said Malone was remorseful for his actions and a letter of apology was handed in to court.