AN Irish Australian real estate powerbroker with “significant” business interests in Australia and the US received a two-year prison sentence, fully suspended, after admitting a one-punch assault that left a man with a serious brain injury.
Tony O’Doherty (35), of Churchtown, Newcastle West, County Limerick, flew from his adopted home in Australia to appear for sentence before Limerick Circuit Criminal Court.
His barrister told the court that “Mr O’Doherty employs 65 people at a group of residential property sales and management firms in Australia”.
“He also has a side business in show horses, which requires him to travel to the United States,” the barrister said.
Judge Colin Daly rejected a submission by O’Doherty’s barrister asking him to consider entering a “conditional discharge” or have no conviction recorded “as it would have a very big impact on his employment”.
The judge said he was satisfied that a headline jail sentence of three years was appropriate. Taking into account no previous convictions, nor any subsequently, and accepting his “genuine remorse”, the judge reduced O’Doherty’s sentence to two years and suspended it in full.
The judge noted that a “criminal conviction may have an effect on his ability to travel to the US” but said this was a small price to pay given that O’Doherty had avoided a custodial sentence.
The judge was informed that O’Doherty made an offer of €10,000 to the victim as a “gesture of his remorse”, and ordered that the monies be forwarded to the victim.
The court also heard O’Doherty previously made a separate financial settlement, totaling €40,000, that included all court costs in respect of a prior civil case taken against him by the victim, named in court as James Fitzgerald.
Outlining the facts of the assault on Mr Fitzgerald, prosecuting counsel Lily Buckley said O’Doherty was socialising at the Club Mission nightclub in Newcastle West on February 18, 2013, when Mr Fitzgerald indiscriminately threw a glass “over his shoulder”, which happened to smash near O’Doherty and its contents splashed him.
Fitzgerald, who the court heard was severely intoxicated at the time, was removed from the nightclub by the venue’s security personnel.
Despite being informed by staff that the glass had not been thrown at him specifically, O’Doherty ran after Fitzgerald outside the club and confronted him. He threw one punch, striking Fitzgerald in his jaw, sending him backwards and banging his head off a door.
Fitzgerald was unconscious for up to 45 minutes and was put into a recovery position by the nightclub’s security.
CCTV footage of the incident was shown in court.
One of the security guards told Gardaí that O’Doherty “lashed out and hit (Fitzgerald) with one punch to the face”.
Judge Daly noted in his sentencing: “Mr O’Doherty had plenty of time to cool off and stay out of trouble but he decided to follow Mr Fitzgerald.”
Fitzgerald was taken from the scene to University Hospital Limerick (UHL) where he was treated for his pain and discharged.
On February 20, the court heard, Fitzgerald was vomiting with a headache and was referred by his GP back to UHL for a CT scan that revealed he had suffered a fractured skull and a bleed to his brain. He was afterwards referred to neurologists at Cork University Hospital.
Fitzgerald was ultimately discharged but continued to suffer headaches, low mood, irritability, amnesia, paranoid ideation, anxiety, post-traumatic stress syndrome.
He was prescribed anti-depressant medication, attended at a psychiatric day hospital, and spent a total of five weeks out of work.
Self-employed, Fitzgerald (35) wrote in a victim impact statement: “I wasn’t the same person after, the pain never really went away.”
O’Doherty presented himself to Gardaí two days after the assault and said he had consumed “seven or eight pints” as well as “a few shorts” prior to punching Fitzgerald.
He initially claimed he had acted in “self defence”, however he eventually agreed that he threw the first punch and that the victim had not threatened him.
He legitimately returned to Australia after being charged and a subsequent arrest warrant was issued for him. He pleaded guilty before Limerick Circuit Court via videolink from Australia last month.
O’Doherty’s barrister said he has resided in Australia for the past 15 years and built “significant” business interests in residential property sales and management.
– Court Reporting Scheme