Former boxer ‘went over the top’ after his victim threw first punch in late-night row in Louth

By Francis Carroll, The Drogheda Independent

A former boxer who knocked out another man on the street, punched and kicked him as he lay unconscious on the ground; the circuit court has heard.

Colm Bracken (25) avoided jail after he pleaded guilty to a charge of affray stemming from an incident outside a takeaway in the early hours of the morning more than four years ago.

The injured man threw the first punch after he took off his top and crossed the road to where the accused was standing.

However, Judge Dara Hayes said that what occurred “went beyond the law of self-defence”, while counsel for the defendant submitted that his client “clearly went over the top”.

Mr Bracken, a father of two, with an O’Hanlon Park, Dundalk address at the time, received a fully suspended two-year, three-month sentence.

Gda Shane McTeague testified that in the early hours of July 18, 2021, the victim (33) was on his way home after a night out socialising.

CCTV from Mullen’s takeaway, Castletown Road, showed him removing his shirt and crossing the street to where Colm Bracken was in the company of others.

In the footage he could be seen throwing and connecting with the first punch. A fight on the street developed. At one point the accused had a bottle in his hand.

He knocked out the injured party with a left hook to the head. He then punched him six times and kicked him in the head as the other man lay on the ground.

Mr Bracken was dragged away by another person.

Gda McTeague continued that the victim was unconscious for three minutes.

On the following July 26 he reported the incident to Gardaí. He recalled coming across a group of men outside Mullen’s and the next thing he remembered was waking up in Our Lady of Lourdes Hospital, Drogheda.

He suffered a fracture of nasal bones and swelling and bruising to his face.

After his initial statement the injured man was not co-operative and advised investigators that he would not attend court.

He told Gda McTeague that his family had issues with the Bracken family.

A video of the incident circulated on social media.

After he was identified from the CCTV footage by two other Gardaí, Colm Bracken was arrested on November 15, 2021.

During interview he denied any involvement. He remarked that the man in the video was acting in self-defence.

“It’s not me but it’s some knockout all the same,” he said to Gardaí.

Gda McTeague said that the accused previously played football at a high level and boxed. He was “pleasant to deal with”.

Since this incident he picked up three convictions in the district court - two counts of Section 3 possession of drugs, and one Section 4 theft.

The Garda agreed with barrister Jim McCullough, instructed by solicitor Cathy Donald, that the defendant initially acted in self- defence.

Counsel submitted that Mr Bracken reacted to an assault on him to some extent within the law in terms of self-defence, but “clearly went over the top” and beyond defending himself.

He had entered a plea of guilty following the swearing of a trial jury.

He regretted what happened and was apologetic for the injuries inflicted.

Mr McCullough said that the defendant had played football for Warrenpoint and Finn Harps.

He had a partner of four years and two children and worked as a labourer and installing solar panels.

Testimonials were handed into court.

Judge Hayes said that this was a brawl on the street. Initially Mr Bracken’s involvement appeared to fall within self-defence.

He knocked out the other man with a left hook but continued to assault him when he was unconscious on the ground with six punches and a kick to the head, “a particularly dangerous thing”.

He did not initiate the incident. His reaction was excessive by any measure.

The defendant was “not on the Garda radar”. His plea of guilty was valuable.

The judge continued that Mr Bracken appeared to have significantly mended his ways.

A two-year, three-month sentence was imposed, conditionally suspended in its entirety for two years and three months.

A charge of assault causing harm was taken into consideration.