*FILE PIC: Joseph Mangan during his time as a District Court judge.
A JUDGE has stated that a Co Clare man who committed a one punch street assault on an 80 year retired judge “was an attack on the administration of justice”.
At Ennis Circuit Court, Judge Francis Comerford imposed a seven month prison term on Jamie O’Connor (45) for the assault on retired judge, Joseph Mangan outside an Ennis cafe at lunchtime on June 14th last.
Judge Comerford said that an aggravating factor in the case was that Mr Mangan served as the District Court judge for Clare.
He said that the purpose of the attack was that Mr O’Connor recognised Mr Mangan as a former judge.
Mr Mangan served as a judge for 27 years and was the assigned district court judge for Clare from 2001 to October 2011 when he retired at the age of 67.
Judge Comerford said, “It is an aggravating because what occurred is an attack on the administration of justice in the same way that an attack on a Garda is an attack on the administration of justice”.
Judge Comerford said that the attack was motivated because of Mr Mangan’s public service and this increased severity of the circumstances in the case.
Garda Sarah Murphy of Ennis Garda Station told the court that that Mr O’Connor who turned 45 on Wednesday has a very bad addiction to alcohol and has 155 previous convictions.
She said that six of the 155 previous convictions are for assault and those included assaults on a parish priest, a wheelchair user and a female Ennis cafe worker who Mr O’Connor spat on.
Garda Murphy said that Mr Mangan made a statement of complaint after the assault by Mr O’Connor of Laurel Lodge, Clare Rd, Ennis where there was a conversation between the two beforehand where Mr O’Connor said that Mr Mangan had put him in jail in his time as a judge.
Garda Murphy said that Mr Mangan told Gardaí that Mr O’Connor punched him with a closed fist into his left cheek below the eye while he was sitting outside the Gourmet Store at Barrack Court in Ennis at 12.45pm.
Garda Murphy said that Mr Mangan’s cheek was tender and he was a little bit dizzy and weak at his knees and went to the Local Injuries Unit at Ennis Hospital to be examined.
A worker at the Gourmet Store identified Mr O’Connor at the assailant and the witness said that the context of the assault was that Mr O’Connor had accused Mr Mangan of locking him up before.
Mr O’Connor said that he couldn’t recall the incident with Mr Mangan. He told Gardaí three days later, “Sure, I don’t remember what I done yesterday”.
In the interview with Gardaí, Mr O’Connor said “He never put me to jail. You can check the records – it doesn’t make sense”.
Mr O’Connor told Gardaí that he had stopped Mr Mangan on the street
a few times over the years and told him ‘thanks for not putting me in jail’.
He told Gardaí, “I seriously doubt if I done it and someone with me could have done it. I am not like that”.
Counsel for Mr O’Connor, Pat Whyms BL (instructed by solicitor, Stiofán Fitzpatrick) said that the records confirm that Mr Mangan never jailed Mr O’Connor where Mr O’Connor was first jailed in 2016 – five years after Mr Mangan retired as judge.
Mr Whyms said that Mr Mangan was “generous” in his attitude in the case where he declined to provide a victim impact statement and said in an email to the Gardaí that he was “none the worse” as a result of the assault.
In a letter of apology written while in prison to Mr Mangan, Mr O’Connor said “it is easy to say sorry but I am saying that I am very sorry and absolutely ashamed of this”.
In the letter read out in court by Mr Whyms, Mr O’Connor said, “I still can’t believe that I would do something like that”.
He said, “I have done stupid things in the past but not like this. I would like you to know that is not the way I was brought up. I really hope that this doesn’t affect you in doing what you usually do every day”.
“I say prayers in here most nights hoping that there is no lasting effect both physically and mentally for you”.
In sentencing Judge Comerford said that another aggravating factor in the case was that the victim was an 80 year old man.
Judge Comerford said, “The assault wasn’t behaviour out of character for Mr O’Connor and he has similar offending in the past and has attacked others under the influence of alcohol”.
Judge Comerford said that the assault was at the lower end of Section 3 assault causing harm cases as Mr Mangan sustained only a soft tissue injury.
Judge Comerford said that Mr O’Connor’s culpability is lessened because of severe addition to alcohol and there was a degree of irrationality to the assault “as this judge always gave him a chance and never imposed a custodial sentence on him”.
Judge Comerford said that in Mr O’Connor’s favour the assault was a single blow, was not premeditated and was not done with a weapon and didn’t cause any great harm.
Judge Comerford said that he was conscious of Mr O’Connor’s harsh beginning to life and how he developed an addiction to alcohol in his twenties.
Mr O’Connor has been in custody since June 15th and Judge Comerford has stated that Mr O’Connor’s period in custody from June 15th to September 1st can be taken into account in his seven-month prison term.
