Man who placed hand on woman's bottom and assaulted her husband avoids prison
A Wicklow man who placed his hand on a woman's bottom in a pub and then carried out a violent assault on her husband when confronted about the incident has avoided being sent to prison.
William Eager (41) of Barleyfield, Newtownmountkennedy, Co Wicklow pleaded guilty at a sitting of Wicklow Circuit Criminal Court to assault causing harm of Philip Lewis in the Mount Kennedy Inn, Main Street, Newtownmountkennedy on January 21, 2023, contrary to Section 2 of the Non-Fatal Offences Against the Person Act 1997.
The widower and father-of-five also pleaded guilty to assaulting Mr Lewis' wife, Emer, on the same occasion, contrary to Section 2 of the Non-Fatal Offences Against the Person Act 1997.
Garda Emma Jane Doyle gave evidence that the accused had been present in the crowded pub where some customers were dancing.
She told prosecution counsel, James Kelly BL, that Eager and his victims were unknown to each other when the accused started chatting to the couple in the pub.
The garda said Ms Lewis told her husband after coming back from the toilet that the accused had put his hand on her bottom.
She said Mr Lewis went into the bathroom in the pub where he remonstrated with Eager over what had happened.
Garda Doyle said the accused's response was, with the assistance of another individual, to assault Mr Lewis who suffered repeated blows as well as being pinned up against a wall.
She said the victim was on the ground when a staff member of the pub came into the bathroom.
The court heard that Mr Lewis was brought to hospital where it was established that he had suffered a fractured nose as well as bruising to both eyes and his forehead.
After being asked to leave the Mount Kennedy Inn, Mr Kelly pointed out that Eager went to the nearby Parkview Hotel where he was captured on CCTV making gestures which appeared to be a "glorification" of what he had just done.
When arrested, Garda Doyle said Eager denied any assault and had "a different story altogether."
The court heard the other assailant, Stephen Redmond, was given a two-year prison sentence with the final 15 months suspended as well as being ordered to pay Mr Lewis €7,000 in compensation.
In a victim impact statement, Ms Lewis said Eager had approached her while she was dancing with a group and gave her "a proper grab" on her bottom.
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"Even thinking about it now, I feel sick," said Ms Lewis. "I felt violated."
Cross-examined by defence counsel, Greg Murphy, BL, Garda Doyle said she did not accept the suggestion that the majority of the offending was carried out by Redmond.
She pointed out that Mr Lewis had been held by Eager who had initiated the assault, while both men had kicked their victim.
Judge Terence O'Sullivan observed that there was "no shadow of doubt" that both men had been engaged in a joint enterprise.
The court heard that Eager only pleaded guilty on the day he was due to stand trial on the charges last March.
It was also informed that he had several previous convictions including one for violent disorder for which he had received a suspended sentence.
Pleading for leniency, Mr Murphy said Eager was extremely apologetic and embarrassed by what he had done and was abhorred at his actions.
The barrister said the accused was in a position to offer €2,000 compensation to his victim.
The court heard that Eager, a logistics coordinator with a transport company, was the sole breadwinner in his family following the death of his wife, Lisa, last year.
Mr Murphy told the court that the defendant was "a totally different man today."
However, Judge O'Sullivan said the unprovoked assault for which there was no justification merited a jail term.
He said aggravating factors in the case was Eager's glorification of the assault and the impact it had on his victim but he also recognised that his wife's death was "a hand grenade into his life."
Sentencing Eager to two years in prison, the judge said he would suspend the full term of imprisonment on condition that the sum of €2,000 compensation was paid to Mr Lewis before October 8.
He said the other charge of assaulting Ms Lewis would be taken into consideration.
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