Search

26/09/2021

Cases against four men struck out after compensation of €17,500 is paid at court in Donegal

Court hears that two men were assaulted

Four men who admitted carrying out a savage attack on two other men in Glenties, had their cases struck out after they paid out a total of €17,500 to their victims.

One of the injured parties had a broken shoulder as a result of the assault, Glenties District Court heard. 

David Fleury, (40) from Priestown, Convoy, pleaded guilty to assaulting Milga Mynar causing him harm at Main Street, Glenties on December 4, 2019. 

Michael Frederick Turvey (34) Slemish Road, Navan Road, Dublin pleaded guilty to an identical charge, as did Joseph Fleury (37) from Small Glen, Glenties. 

Michael Heffernan, (42) Flat 13, Shortcut Meadow Court, Cooper Road, London pleaded guilty to assaulting Stephen McMullan on the same date and at the same location. 

All four paid a total compensation of €17,500 to the injured parties at Glenties District Court. 

Turvey and the two Fleury brothers paid a total of €10,000 in compensation to Mr Mynar while Heffernan paid a total of €7,500 to Mr McMullan.  

The court was told that there were Probation Reports in court on all four defendants. 

The facts of the case were outlined at a previous sitting, the court heard. 

Mr McMullan gave evidence on that occasion and the court also viewed CCTV footage. 

Judge Paul Kelly said there was a reference to a victim impact statement for Mr Mynar which stated how the incident affected him. 

He had a broken shoulder, was taken to Letterkenny University Hospital and he needed after care. 

Mr McMuallan had sore ribs, stitches over both eyes and had to go to the dentist for chipped teeth. 

The court was told the victims rejected suggestions of restorative justice. 

Probation Officer Michelle McShane said the injured parties wanted to discuss what happened with the defendants and this had been carried out and the victims were satisfied. 

Defence solicitor for Turvey and Heffernan, Mr Frank Dorrian said a plea in mitigation had been heard on the previous occasion. 

He said that both of his clients had cheques for the injured parties. 

Rory O’Brien, defence solicitor for the Fleury brothers, said the cash would be in court.  

The court heard that the pre- sentence reports showed that all four defendants were unlikely candidates for this type of incident, and they had engaged fully with the Probation Service. 

Convictions for the defendants could have ramifications that were not yet calculable. 

The reports found that all four were classed as being at a low risk of re-offending. 

Judge Paul Kelly said this was a very difficult case and was a bit of a quandary. 

All four defendants had no previous convictions and were otherwise pro-social and law abiding. 

But on December 4, 2019 something extraordinary happened which has resulted in life changing injuries for the two victims. 

The judge added that CCTV had shown the shocking behaviour of the four defendants. 

“Their carry on was unfathomable and it was very hard to work out what happened.,” he said.

The judge said it showed the impact of alcohol which resulted in their actions. 

He noted they had made an early guilty plea and had cooperated fully with the gardai which was of benefit to the victims. 

The judge said he had suggested a form of restorative justice, but it was somewhat unfortunate that the victims chose as their right not to engage and they could not be criticised for that. 

He added that experience world-wide had shown that restorative justice had a better outcome for victims.

It was more for victims than defendants. 

They had asked that their views be conveyed to the defendants, this had been done and they were satisfied. 

The victims had been out of work for a long time and were without income which added insult to injury. 

There was cash compensation in court but there may be civil matters down the road and that was a matter for the injured parties. 

The judge said talk was cheap but the compensation in court was evidence of a concrete expression of remorse. 

The judge said this had been a difficult process for everyone, but the Probation Service were happy that the engagement and remorse of the defendants was genuine and sincere. 

For all these reasons he said he was going to take the unusual step of striking out all charges against the defendants on payment of the compensation and he wished the two victims Mr Myar and McMullan well in their recovery. 

 

Buy the e-paper of the Donegal Democrat, Donegal People's Press, Donegal Post and Inish Times here for instant access to Donegal's premier news titles.

Keep up with the latest news from Donegal with our daily newsletter featuring the most important stories of the day delivered to your inbox every evening at 5pm.