AN Irish soldier was bailed after admitting delivering one punch to a man who fell to the ground, striking his head and suffering a traumatic brain injury.
Alan Costello, of Shantraud Woods, Killaloe, County Clare, told Gardaí he was ashamed of his behaviour on the night, Limerick Circuit Criminal Court heard.
The 37-year-old, who has served almost 20 years in the Defence Forces, pleaded guilty to one count of affray, during which he punched the late Timmy Cosgrave (51) during a row.
Mr Cosgrave, a father of one from Annacotty, who ran a small haulage firm, died following an unrelated illness in Tenerife in January 2024.
The court heard the two men got into a row at the Chicken Hut restaurant in Limerick City after Mr Cosgrave appeared to skip past Mr Costello in the queue in the early hours of February 20, 2022.
Mr Cosgrave beckoned Mr Costello to meet him outside the premises, where Mr Costello punched Mr Cosgrave, who fell backwards, striking the back of his head off the ground, the court heard.
Following his arrest on March 13, 2022, Mr Costello told Gardaí he was not aware Mr Cosgrave sustained a serious brain injury in the incident.
He told Gardaí that after punching Mr Cosgrave, he returned to check on him but could not find him.
Sergeant Cathal O’Sullivan played footage from inside and outside the Chicken Hut, which he said showed the two men “squaring up” before Mr Costello punched Mr Cosgrave.
Although the punch was not captured on CCTV, Sergeant O’Sullivan said Gardaí were satisfied “it was one blow”.
Gardaí found Mr Cosgrave in an “intoxicated” and “incoherent” state, bleeding from his head, having earlier lost consciousness.
Mr Cosgrave was brought to University Hospital Limerick, where he was diagnosed with a traumatic brain injury, sustaining hemorrhages, contusions, and fractures to his left temple.
His condition deteriorated and, after he began suffering seizures, he was treated at UHL for almost a month. He was transferred to the National Rehabilitation Hospital in Dublin, where he stayed for seven weeks.
He underwent occupational therapy, speech and language therapy, and physiotherapy after suffering difficulties with language skills and swallowing. He also suffered reduced strength and sensation in his limbs, fatigue, as well as emotional difficulties linked to the injury.
Mr Cosgrave’s family told the court that Mr Costello “took away Timmy’s independence” and his passion for trucks and his haulage company, “his pride and joy”.
The family said Mr Cosgrave was “devastated” after doctors told him he could no longer drive or perform mechanical checks on his fleet of trucks “after he developed epilepsy and lost strength in his arms”.
“Timmy was a proud family man, animal lover, and hard worker, but after the incident he was a different man, he became a distant person,” they said.
Mr Costello’s barrister, Yvonne Quinn, told the court Mr Costello had no previous convictions and did not target Mr Cosgrave on the night or instigate the row.
Sergeant O’Sullivan agreed that Mr Costello was “deeply ashamed and genuinely remorseful”, that he “fully co-operated” with the Garda investigation, and did not have a history of violence.
Ms Quinn asked the court to consider the definition of “affray”, whereby “two or more persons use or threaten to use violence” and, in that, Mr Cosgrave “was the other party” on the night.
She provided the court with a letter of apology penned by Mr Costello to Mr Cosgrave’s family.
Judge Colin Daly said he would pass sentence on October 9.
When asked for comment, a spokesperson said that the Irish Defence Forces “do not comment on individual cases and, as this is still before the court, it is inappropriate to comment further”.
