Thousands in compensation paid as Kerry court hears details of seven-on-one assault
The KerrymanA judge has ordered two young men to pay €7,000 for their role in a seven-on-one assault outside a Killarney nightclub. A third involved presented a further €3,000 to the victim.
The trio appeared at Tralee Circuit Court for trial and sentencing relating to the incident which occurred the night after a Covid-related lockdown ended.
David Osieba (22) and his brother Goodwin Osieba Omerovic (23), of 52 Castle Falls Ross Road, Killarney were 18 and 19 on the date of the offence. Their friend, Neil O’Shea (23) of 2 Bridgefield, Lewis Road, Killarney, was 19.
All pleaded guilty to one charge of assault causing harm.
Dylan Sheehan (30), the victim, was also present in court.
The court heard that the teenagers were drinking on College Street, Killarney on October 25, 2021. It was the evening that nightclubs re-opened after the pandemic lockdown, a time when “consumption of alcohol might have been more unrestrained”, said Thomas Rice, senior counsel for the prosecution.
The court saw CCTV footage outside the nightclub from 2.15am that showed Mr Sheehan in a verbal exchange with Mr Osieba before the attack began.
He suffered cuts to his mouth and a broken right hand requiring multiple surgeries, said Sergeant Ken O’Sullivan of Killarney Gardaí, adding, “He endures chronic panic”.
The men and the victim were not known to each other and gardaí had not ascertained what sparked the attack.
The three accused had no previous convictions and had not come to the attention of gardaí since, said Sgt O’Sullivan.
“Four years and nothing between them at all,” he said.
Ms Katie O’Connell, barrister for the defence of Mr Osieba, brought attention to a man in the video wearing a red shirt. “He would have been the most serious aggressor,” said Sgt O’Sullivan. He had no links with the others in the group and was now out of the jurisdiction, the court heard.
Barristers noted the brothers were both paying for college and were self-sufficient from a young age.
Mr Osieba, a third-year student at University College Cork, had collected €1,000 as a token of remorse.
The sergeant agreed he was “doing very well in life now”.
Mr Osieba Omerovic, a fourth-year student, had given €1,000 to the victim.
His barrister, Caroline O’Connell, told the court he was having a few drinks at the bar after work when he heard his brother was involved in a dispute outside. He then got involved.
Mr O’Shea, who earns €300 a week, had brought €3,000 for Mr Sheehan.
He was in a pre-garda course at the time of the assault, barrister Richard Liston told the court.
“Unfortunately, that is not going to come to pass,” said Mr Liston.
“That’s unlikely,” agreed the sergeant, who added the assault “seems to be the only blot” on his record.
Mr Liston highlighted his client’s volunteer work with underage sports teams. He added it was not clear who broke Mr Sheehan’s hand or when it occurred. The sergeant agreed.
Barrister Katie O’Connell noted the men were from the same area but there was no subsequent interaction, apart from an apology Mr Osieba sent Mr Sheehan on social media shortly after the assault.
Footage indicated he never hit Mr Sheehan near the wrist, she said.
Barrister Caroline O’Connell reminded the court that four years had passed and the behaviour “was the worst of them at this time”.
“I accept they seem to be otherwise of good character,” said Judge Ronan Munro.
In sentencing the following day, he commended Mr Sheehan’s composure and courage.
“Despite the fact that he’s being attacked by seven persons, he doesn’t react, he doesn’t use violence,” said Judge Munro.
Although it was a “disconcerting assault”, it appeared “an aberration” for the young men and he said people of a young age often act in ways they later “bitterly regret”.
“They seem to be ashamed of what they did, and correctly so,” he said. “They have to take the consequences.”
He applied the Probation Act to all three.
He gave Mr O’Shea a €100 bond for six months.
He ordered Mr Osieba pay Mr Sheehan €4,000 in addition to the €1,000 he brought to court, in lieu of a nine-month imprisonment. He noted Mr Osieba threw the first punch that “set off the chain reaction”. He ordered a €100 bond for 12 months.
He ordered Mr Osieba Omerovic pay €2,000 to Mr Sheehan in lieu of six months in prison and issued a €100 bond for six months.
He told Mr Sheehan the money was not compensation but a token of remorse.
Different considerations would have applied to the tall man who appeared to be the main aggressor, he added.
The judge then addressed the young men.
“If you’re cursing yourself getting yourself into this position, think of Mr Sheehan,” he said.