Michael Prendergast's assault sentence quashed on appeal

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The Court of Appeal quashed Michael Prendergast’s sentence for assault causing harm and substituted 12 months’ imprisonment, suspending the remaining balance subject to conditions. He walked free from prison. The proceedings were reported on 8 December 2015.

He pleaded guilty to assault causing harm to Jonathan Clarke. The assault occurred during a football match between two Mayo clubs at the Davitt GAA pitch, Ballindine, Co Mayo, on 14 September 2013.

Judge Rory McCabe originally sentenced Prendergast to two years’ imprisonment, with the final 12 months suspended, on 16 October 2015.

Clarke said Prendergast punched him in the left eye without warning and described the assault as entirely unprovoked. He sustained a ruptured eyeball and detached retina, requiring three surgeries. The court heard he had lost 95 per cent of the sight in that eye.

Mr Justice Garrett Sheehan said the referee’s report gave a different context: both men were fighting and tackling for the ball when Prendergast swung out and struck Clarke. Neither account justified the assault, but the difference affected Prendergast’s culpability.

The judge said sentencing on the injured party’s account rather than the referee’s report amounted to an error in principle, although no fault attached to the sentencing judge. That finding made consideration of the other appeal grounds unnecessary.

Mr Justice Garrett Sheehan sat with Mr Justice Alan Mahon and Mr Justice John Edwards. The court suspended the balance of the substituted sentence on condition Prendergast agreed to undertake 100 hours of community service. He was also required to enter his own €100 bond to keep the peace and be of good behaviour for 12 months.