The Court of Appeal has upheld Michael Butler's conviction arising from a violent early-morning assault on Roman Street in Cork which left Billy Barry with severe brain injuries.
Butler was convicted after a three-day Cork Circuit Criminal Court trial in March 2012 of an offence under section 4 of the Non-Fatal Offences Against the Person Act 1997. He received a 15-year prison sentence, although the supplied judgment determines only his conviction appeal before turning to the separate sentence issue.
The incident occurred in the early hours of 25 July 2010. Witnesses described an initial confrontation involving several people and weapons, including a sword. Butler's defence was that he was not the aggressor and acted in defence of himself, his mother and his girlfriend after they were attacked.
However, several local residents described seeing a taller man repeatedly kick and stamp on a smaller man after he was on the ground. Garda Johnny Quinlan testified that Butler later said, "I did it, I stamped on his head", while Butler also admitted in interview that he had hit and kicked Barry but maintained that he was defending himself and others.
Medical evidence showed that Barry suffered a subdural haematoma, brain contusions and swelling. He experienced five weeks of post-traumatic amnesia and was left with permanent disability.
The Court of Appeal held that there was ample evidence from which the jury could convict, even though it could also have concluded Butler was not the initial aggressor.
It rejected a complaint that cross-examination about DNA evidence had been improperly restricted, finding the excluded question would not have materially advanced the defence. It also held that the Criminal Law (Defence and the Dwelling) Act 2011 did not apply to events in 2010 and that the trial judge had not prevented counsel from addressing it.
Finally, the court found that the judge's isolated reference to Butler as "your man" was colloquial rather than derogatory. The conviction appeal was refused.