Latest news with #victimimpact


BreakingNews.ie
4 hours ago
- General
- BreakingNews.ie
Mother of man who died after Kildare pub assault says world has been 'turned upside down'
The mother of a young man who died after he was assaulted during a melee outside a Kildare pub while celebrating the birth of his nephew nearly three years ago has said her world has been 'turned upside down' by the 'senseless attack' on her first-born child and only son. In an emotional victim impact statement, Marita McCarthy said the Cranberries song 'Dreams' came out when her son Dylan was born in 1993, but now she cries when she hears it because her son's dreams were 'snuffed' out by the fatal assault. Advertisement The money she had saved for her son's wedding had gone towards his funeral instead, Ms McCarthy said. Ms McCarthy told the court her son went out to celebrate the birth of his nephew and came back in a coffin. She said her world has been turned upside down by the 'senseless and unprovoked mob attack on my family'. Her husband Eamonn, who was with Dylan on the night, and who was himself assaulted during the incident, said he had to discharge himself from hospital to attend his son's funeral. Advertisement Dylan's sister, Orla McCarthy, said she had asked her brother to be her newborn son's godfather just hours before he was killed. The statements were read out at a sentencing hearing on Tuesday evening for Calvin Dunne (25) and Sean Kavanagh (27). Dunne was acquitted of murder but convicted of Dylan McCarthy's manslaughter by a Central Criminal Court jury following a trial earlier this year. He was also found guilty of a charge of violent disorder. Two weeks into the trial, Dunne's co-accused, Kavanagh, with an address at St Mary's Lane, Church Avenue, Monasterevin, pleaded guilty to a charge of assault causing harm to Eamonn McCarthy. A charge of violent disorder was taken into consideration. Advertisement After a defence application, Ms Justice Biggs then directed the jury to find Kavanagh not guilty of the murder of Dylan McCarthy, a charge he had denied. It was the State's case that Mr McCarthy (29) died following an incident in which he received punches and a kick to the head from Dunne while he was attempting to get up off the ground. Two eyewitnesses told the jury that Dylan McCarthy was kicked in the head, with one describing the noise as 'a loud thud' that was 'like kicking a football', while the other said it sounded 'like a car door' shutting. Dunne contended, however, that he was acting in self-defence, that Mr McCarthy was himself 'involved in violence' on the night and that he did not kick the deceased in the head. Advertisement Mr McCarthy's cause of death was a traumatic head injury and spinal injury caused by blunt force trauma. State pathologist Dr Heidi Okkers told the jury it was not possible to determine whether a punch or kick caused the fatal injury that led to Mr McCarthy's death. In his impact statement, which was read to the court by his wife, Eamonn McCarthy said his previous life disappeared on the night of August 21st, 2022 and he had lost his 'son and best friend'. 'I'm a broken man. The future is bleak.' He said following the assault he was on a liquid diet for 12 weeks and now has five plates and permanent nerve damage on the right side of his face. Advertisement Eamonn McCarthy said his last memory of his son 'gurgling' and of his 'eyes rolling back in his head' will haunt him for the rest of his life. Mr McCarthy said his son was 'not a fighter' and everyone who knew Dylan knew he never hit or fought with anyone. He said he hasn't been inside a pub since the night his son was killed because he has anxiety around crowds. He said his life has become very isolated and he doesn't want to leave the house. Mr McCarthy said he felt like he had 'let my son down when he needed me most'. 'I have never regretted anything so much as entering the Bellyard pub,' he said. Mr McCarthy said Dylan had told him that night that he was going to propose to his girlfriend Aoife in the coming months. Marita McCarthy told the court today: 'I have no wedding to look forward to. The money I had been saving for their wedding went towards a funeral. Dylan's mother said her son was hit and kicked to death before those responsible 'calmly walked away'. She said they did not stick around to see what they did to Dylan and had left her husband with life-long, life-altering injuries. 'My world is destroyed, devastated, changed beyond belief every day,' she said. 'Instead of picking a 30th birthday present I was picking a headstone. Every day is like Groundhog Day, wishing it wasn't true.' She said her son died 'on a footpath outside a pub' as her husband watched his eyes 'rolling into his head and his last gasps'. In her victim impact statement, Dylan's girlfriend Aoife Talty said she met him after her 22nd birthday and they fell 'instantly in love with each other'. She said Dylan was 'kind, fun gentle and caring'. He never liked to be the centre of attention she said, but people were drawn to him and his 'infectious laugh'. Ms Talty said Dylan always made her feel 'loved and happy' and she was looking forward to spending their lives together. The trial heard that on the night of the fatal assault in August 2022, a row broke out after a drink was spilled and the group were ejected from the premises. Dunne told gardai that when a group of people came out of the pub and a fight broke out, he saw his former co-accused Sean Kavanagh fighting with Dylan and Eamonn McCarthy. Dunne said that at one point, Dylan McCarthy went to hit Kavanagh from behind, so Dunne grabbed Dylan McCarthy by the wrist. He told gardaí Dylan McCarthy turned to punch him, so Dunne hit him in the 'chin or jaw' area, causing him to fall. Dunne said he then 'lightly kicked' Dylan to what he believed was 'the chest area'. The defendant told gardaí that Dylan and Eamonn McCarthy were being 'extremely violent'. 'Everything I did was to stop them attacking Sean, I didn't drill him or kick him viciously,' Dunne said. Dunne, of Abbey View, Monasterevin, Co Kildare, had pleaded not guilty to the murder of Mr McCarthy on or about August 22nd, 2022. He had also pleaded not guilty to violent disorder on August 21st, 2022, at Dublin Road, Monasterevin. Kavanagh told gardaí he looked into the pub after hearing shouting and saw staff being assaulted. He said he tried to help remove the group causing the disturbance. He said the fight spilled out onto the street at which point members of this group started to punch and assault him as he attempted to remove them. Kavanagh said a man in his 50s put him in a headlock, causing him to feel 'extremely fearful' for his safety. After he got out of the headlock, he said punches were exchanged and he struck the man in self-defence. The jury heard Eamonn McCarthy sustained a fractured jaw and required surgery and five plates to treat his injuries. He also sustained a broken nose and a hairline fracture around one of his eye sockets. He waited until after Dylan's funeral had taken place to have the operation. At today's sentencing hearing, Detective Garda James Young told prosecution counsel Seoirse Ó Dúnlaing SC that neither Dunne nor Kavanagh have any previous convictions. Mr Ó Dúnlaing said the DPP placed the manslaughter offence in the mid-range of offending attracting a headline sentence of between four and ten years. Michael Lynn SC, for Kavanagh, handed in a letter of apology that his client had written to the McCarthy family. Mr Lynn said the defendant was 24 at the time of the incident. Kavanagh pleaded guilty to the Section 3 assault, he said, and has accepted his responsibility. Mr Lynn said it was clear everything on the night happened in a very, very short space of time and Kavanagh 'deeply regrets what happened' and 'what he did'. Mr Lynn described Kavanagh as 'hardworking' person and a 'good friend' who was spoken of very highly by a very wide range of members of the community from different backgrounds. He said Kavanagh is a decorated sportsman and had represented Ireland in basketball. He said his client has used his sporting talent to contribute to his local club in terms of underage training and involvement with various teams. Ireland Nigel Canavan sentenced to life imprisonment for m... Read More John Fitzgerald SC, representing Dunne, said nothing he said on behalf of his client was seeking to mitigate or get around the fact the McCarthy family have been given a life sentence. The lawyer asked the court to consider the matter in the wider context and take into account the effects it will have in the future. He said the probation report assessed Dunne as being of low risk of re-offending. Ms Justice Caroline Biggs said she needed time to digest and consider everything she had heard and adjourned the matter to June 30 for finalisation.


BreakingNews.ie
9 hours ago
- Health
- BreakingNews.ie
Clare man (28) jailed for sexual assault and coercive control of his former partner
A woman subjected to coercive control and sexual assault by her former partner has told a court he caused harm 'for his own amusement'. Martin Gooney (28) pleaded guilty at the Central Criminal Court to coercive control and sexual assault. Advertisement The court heard that the victim wishes to retain her anonymity, but has no difficulty with Gooney of Cappabane, Scariff, Co Clare, being identified. On Monday, Gooney was handed a sentence of three years and two months. A post-release supervision order of 12 months was also imposed. Reading her victim impact statement during an earlier hearing, the woman stated that she checks her surroundings to see if Gooney is present and constantly questions her safety. 'The gaslighting was so relentless, he made me believe I was losing my mind and losing control of my being'. Advertisement She said his 'cruel' words and actions affected her sense of self-worth, and it has taken years to make progress, but his behaviour 'completely warped my perception of myself'. The woman said she has developed trust issues and dreads starting a new relationship. 'To compare him to an animal is an insult to the animal kingdom,' she said. 'This man caused harm for his own amusement'. Evidence was outlined that Gooney and the woman's relationship was initially fine, but over time, his behaviour became controlling and abusive towards her. Advertisement In August 2019, Gooney took her phone and used it to send messages to his phone. In these messages, he pretended to be the woman and suggested she was experiencing suicidal ideation. He then deleted all the messages sent between his phone and the woman's phone. She did not know the contents of these messages. Gooney sent these messages, which purported to be from the woman to her mother. He also used these messages during arguments with the woman, saying, 'Watch what you say, have messages from your phone'. Advertisement In early 2020, he found takeaway wrappers in her bin and accused her of seeing another man. The court heard the woman's mother had brought her a takeaway. Gooney was also verbally abusive to the victim, calling her a 'bitch', 'whore' and 'tramp'. During 2020, Gooney, who was no longer living with the woman, insisted she send him photos or Facetime him so he knew her location. On one occasion, the woman's friend had to send him a video to show she was with her. Gooney also placed a sofa in the woman's shed – without her knowledge – so he could stay and watch her. The woman wasn't initially aware that Gooney was staying in her shed. Advertisement He sexually assaulted her in March 2021. Afterwards, Gooney told her he 'wouldn't touch you with riddle stick, wouldn't know what you had, you're a whore'. The court heard there were other incidents of sexual assault. Gooney also said he was going to hang the woman's dog from a tree. Gooney has nine previous convictions, including for road traffic offences, assault and making a threat to kill or cause serious harm. When interviewed by gardaí, Gooney denied any wrongdoing. 'Sorry for the hassle' Gooney took the stand and read a letter of apology to the woman. He said he was 'sorry for the hassle caused' during their relationship. He said he was 'young and stupid' and 'selfish'. Gooney said he never thought about how his actions would make the woman feel or how they would hurt her. He told his defence counsel he was prepared to engage with the Probation Services and any suitable programmes. Vincent Heneghan SC, prosecuting, asked Gooney, 'was the way [the woman] was feeling not obvious to you?'. He replied: 'No'. A man gave character evidence on behalf of Gooney. He began his evidence by telling the court that his family and Gooney's 'are highly respected and thought of in our communities'. He said Gooney was a friend of his son's. 'He's always been good to us'. He described Gooney as an 'outstanding machine driver' and a hard worker. He added that he was aware of an incident in 2020 where Gooney saved a woman's life. The man told Mr Heneghan that he knew of Gooney's relationship with the woman, but did not know about the defendant's behaviour towards her. 'No, it wasn't brought to my attention'. Imposing sentence, Ms Justice Caroline Biggs said the woman's victim impact statement was 'very profound and compelling'. She noted that the woman felt she was 'in constant fight or flight mode' and 'was convinced she was unworthy of love'. She noted from a letter of apology from Gooney that he is 'sorry from the bottom of his heart' and added, 'you did not deserve it'. Ms Justice Biggs said the woman had tried both 'physically and verbally' to stop Gooney, but he behaved as if 'she was his'. 'He behaved in a way that demeaned her,' the judge said, adding that he was aggressive in the way he treated the woman. She noted the 'profound, damaging and long-lasting' impact Gooney's actions had on the woman. Ms Justice Biggs described the coercive control as 'menacing, insidious, intimidating and systematic'. She noted that a probation report stated that he was at a moderate risk of re-offending and was willing to engage with the Probation Service. Ireland Man (22) pleads guilty to attempting to murder his... Read More Ms Justice Biggs imposed concurrent terms of three years and two months for the sexual assault offences and two years and six months for the coercive control. She noted that the woman had previously indicated that the gardaí who assisted her in the prosecution of the case treated her with 'genuine kindness and the utmost care'. Ms Justice Biggs said she was very happy to hear that the woman had been supported in this way by the gardaí. If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at or visit Rape Crisis Help. You can contact Women's Aid (24-hour freephone helpline at 1800-341 900, email helpline@ or Men's Aid Ireland (confidential helpline at 01-554 3811, email hello@ for support and information.


Irish Times
4 days ago
- Health
- Irish Times
For Valerie by David French: A very personal study of femicide that is ‘dedicated to the silenced women'
For Valerie Author : David French ISBN-13 : 978-1804583296 Publisher : Gill Books Guideline Price : €18.99 Valerie French , a mother of three very young boys, was 'savagely slaughtered' by her husband, the Central Criminal Court in Dublin was told last year. In a victim impact statement read in court, her brother David also said that her murder in June 2019 'was violent and prolonged, with multiple assaults and several major injuries ... She died in terror for her own life and the lives of her children.' He added that the fatal stroke suffered by their mother, also named Valerie, five months later, was 'a direct consequence' of Valerie's murder. James Kilroy, originally from Oldcastle, Co Meath, inflicted 57 wounds on Valerie when he murdered her outside their home near Islandeady, close to Westport, Co Mayo. She was the third Irish woman whose partner was charged with murder in the first half of 2019, a year in which 14 children lost their mother through domestic homicide. She was one of more than 274 women killed violently by a man in Ireland over the past 30 years, an average of more than nine a year. [ People convicted of killing their spouse face losing guardianship rights Opens in new window ] Kilroy, who is serving a life sentence for Valerie's murder, retains legal guardianship of the three boys that he abandoned when he fled on the night of the murder. He also has full ownership of their former home, whose mortgage Valerie's salary paid and which is mortgage-free under a life assurance policy, David French writes. READ MORE As godfather to Valerie's sons, he attended all of the preliminary court and inquest hearings and every day of the trials. He wants Irish laws changed to ensure that men who kill their partners are automatically prevented from having a say in the children's lives. His distressing and important book is 'dedicated to the silenced women'. It distils much of David French's extensive reading about femicide and domestic abuse in Ireland and abroad. It will not ease the shock and horror of the family and friends of the next women to be murdered by a male partner, but it will give them valuable advice and it will show them that they are not alone in their suffering and loss.


Irish Times
4 days ago
- General
- Irish Times
Former Clare minor football captain jailed for sexual assault of woman
A former Clare minor Gaelic football captain has been jailed for two years and four months for the sexual assault of a woman. At Ennis Circuit Court, Judge Francis Comerford imposed the 28-month prison term on Conor Gavin (32) of Paradise, Ballynacally, Co Clare , for the sexual assault of the woman at a house in Co Clare on July 18th, 2021. The hearing was told Gavin captained the Clare minor Gaelic football team in 2011 and has also coached in recent years. Gavin is a first-time offender and in sentencing, the judge said Gavin sexually assaulted the woman after making the 'very bizarre', 'inappropriate' and 'not rational' decision to strip down to his shorts and get into a bed, uninvited, with two women. READ MORE 'There isn't much scope for rehabilitation when one doesn't accept that there is an offence,' the judge said. Gavin will be placed on the Sex Offenders' Register and will 'suffer all of the disgrace that someone receives who has committed a sexual offence'. The judge said that there is limited mitigation in the case as Gavin has not expressed any remorse for his offence or apologised to the victim. Gavin denied the charge but was found guilty by a jury in February. In her victim impact statement, the injured party told the court that she is hopeful that after the sentencing 'I will be able to move on with my life and close this chapter of what I can only describe as a horror story I never asked to be part of'. Reading from the statement in court, she said: 'All I ever wanted was an apology and for Conor Gavin to admit what he had done to me and say sorry. 'I never got that and that is really hard. Conor Gavin had the audacity to take the stand during the trial and deny what was done to me. That to me is unacceptable and leaves a detrimental impact on my mental health.' In sentencing, the judge said that the offence involved the digital penetration of a vagina which he said was 'high on the scale of intensity'. Counsel for Gavin, Patrick Whyms, said that his client accepts and will not appeal the jury verdict. Mr Whyms said that on the night Gavin had six pints in the pub and brought cans of Bulmer's cider back to the house. He said his client consumed a lot of drink and his drinking 'must have been a factor in the poor decision making to go into the bedroom, take off most of his clothing and get into the bed with two female persons'. Mr Whyms said Gavin has a good work history and currently works at a manufacturing plant in Shannon.

ABC News
7 days ago
- General
- ABC News
Man jailed for threatening workers at Wodonga, Wangaratta tobacco stores
A Melbourne man has been sentenced to at least 18 months jail after threatening workers at two north-east tobacco stores. Doreen man Ahmad Al Essawi, 23, pleaded guilty to a string of charges in the Wodonga Magistrates Court on Wednesday, including two extortion offences and possessing a fake firearm. On July 4, 2023, Al Essawi and an unidentified co-accused entered a Wodonga tobacco store where Al Essawi threatened a worker that he would burn down the store in 24 hours if it was still open. Later that day he also threatened a worker at a Wangaratta tobacco store that there was "going to be big, big headaches for this shop" if it was still open in 24 hours' time. Both stores were significantly damaged by fire during the early hours of July 27, 2023, according to documents tendered to the court. The worker threatened at the Wangaratta store was trapped inside the business at the time it was burnt and was rescued by firefighters. Al Essawi was not before the court on any arson charges. On Wednesday, Magistrate Ian Watkins delivered his sentence and called Al Essawi's actions "brutal and calculated offending". "Overall I assess your moral culpability as high." Magistrate Watkins sentenced Al Essawi to two years jail with a non-parole period of 18 months. He was also fined for several drug possession and traffic offences. Last week the court was read a victim impact statement from the tobacco shop worker at Wangaratta. The female worker said she began losing her hair due to stress after the incident. The court was told she also had shingles on three occasions and experienced a resurgence of skin cancer. The woman told the court she had become "hypervigilant" and was afraid to be alone for extended periods of time. She also told the court she was scared to bring her grandson to her home after the incident and no longer had a social life. Magistrate Watkins referenced the woman's victim impact statement during his sentencing remarks on Wednesday. "The victim in Wangaratta described the trauma she experienced," he said.