Man avoids jail after savage attack outside Bundoran hotel

A man who fractured the eye socket of another man in a brutal assault outside a Bundoran hotel has avoided prison.

Gary McMenamin was given a two-and-a-half year suspended sentence for a savage attack on David Porter outside the Allingham Arms Hotel in Bundoran on September 22, 2019.

The 43-year-old, of Hillview Park, Castlederg, County Tyrone, paid €7,500 in compensation to the victim.

Barrister for the State Donal Keane BL told Donegal Circuit Court that the full money had been paid to the victim.

Judge John Aylmer imposed a two-and-a-half-year sentence, the entirety of which he suspended on McMenamin entering into a bond in the sum of €100 to keep the peace and be of good behaviour for a period of two and a half years.

McMenamin, who had downed eight pints and six shorts, initially approached Mr Porter inside the disco of the hotel claiming there had been a dispute between their fathers but the bouncers had intervened.

Mr Porter left the hotel with two friends but was set upon outside by McMenamin who struck him with several punches in an unprovoked attack.

Mr Porter, a farmer, was rushed to Sligo University Hospital before being transferred to Altnagelvin Hospital in Derry for treatment to a fractured eye socket.

In a victim impact statement, Mr Porter said that he had to have a titanium plate fitted and he still finds it difficult sometimes to do ordinary tasks on the farm. He said that although he knew McMenamin to see, he did not know him personally.

McMenamin was arrested and taken to Ballyshannon Garda Station. Under questioning from gardai, McMenamin said he had a lot of alcohol taken but initially claimed that it was Mr Porter who initially took the first swing at him. He later admitted this was not the case.

Barrister for McMenamin, Mr Peter Nolan BL, said his client consumed a lot of alcohol and initially thought Mr Porter had initiated the disagreement but upon viewing CCTV footage realised this was not the case.

He told the court that a probation report showed his client was at a low risk of reoffending but did say that when he drank the wrong type of alcohol he lost control.

The court was told that he had one previous conviction for assault, dating back to 2009.

Mr Nolan asked Judge Aylmer to consider an apology offered by McMenamin and also the compensation offered when considering his sentence.

Judge Aylmer said he placed the attack in the mid-range of such offences and one which merited a prison sentence of three years before considering mitigation.

Last year, Judge Aylmer asked McMenamin to increase the €2,500 compensation offer to one of €7,500.

Upon the discharge of those funds, Judge Aylmer handed down the suspended sentence to McMenamin.