Kickboxer jailed for 18 months for 'indefensible attack' outside Stillorgan pizza outlet05/02/2013 - 18:13:09
A personal fitness instructor and martial arts enthusiast has been jailed for 18 months for an assault outside a fast food restaurant more than three years ago.
Anthony Hickey (aged 27), who has trained in boxing and kickboxing, was convicted last week of the assault in which the victim was struck and then kicked as he lay on the ground.
Hickey with addresses at Sandyford Park and Hillview Grove, Dundrum, pleaded not guilty at Dublin Circuit Criminal Court to assault causing harm to Dane Ormond at Stillorgan Hill, Stillorgan on October 11, 2009.
Hickey, a father of one, was convicted by a jury following a four day trial. He has five previous convictions. A co-accused was acquitted of assault on the same occasion.
Judge Patrick McCartan noted Mr Ormond had tried to stop what was going on in an earlier incident inside the restaurant before he was set upon out on the street by two people.
He said that Hickey’s evidence, which he had given on oath during the trial, that he had been involved in a brawl but not kicked anyone had not been believed.
Judge McCartan commented this may have been a case in which compensation could be used to put money back into the pocket of an injured party or assuage the hurt caused but noted Hickey had come to court empty handed.
He said Hickey was a trained expert in boxing and kick boxing and this was an “indefensible attack on another member of the community.”
Judge McCartan said he could extend little mercy to Hickey due to how he had handled the case and imposed an 18 month sentence.
Garda Grainne Nolan told Derek Cooney BL, prosecuting, that she observed Mr Ormond lying on the road beside Apache Pizza bleeding from the mouth and in pain. She said she was made aware that two men had fled in the direction of Dundrum.
Witnesses to the assault described Mr Ormond being struck before being kicked on the ground.
Gda Nolan said her colleagues came across two men, one of whom was Hickey, restrained by door staff at Kilmacud Road. She said Hickey’s clothing had blood on it and he had grazed knuckles.
During interview Hickey told gardaí he had been involved in an altercation. Blood found on his clothing belonged to Mr Ormond.
Mr Ormond received injuries including chipped teeth according to a victim impact report which was handed into court.
Gda Nolan agreed with Anne Marie Whelan BL, defending, that Hickey has not come to any garda attention in the meantime.
Ms Whelan said Hickey had accepted he was involved in a fight but had challenged the circumstances in which he became involved and the manner in which he struck the victim. She said he accepts the jury’s verdict.
She submitted there was an element of “drunken brawling” after drink had been taken on both sides. She said a custodial sentence would have a massive impact on Hickey and his family.
Ms Whelan said Hickey was an “avid sportsman” and does not want to be tarnished as someone who was using his skills in a negative way.
She said Hickey left school at 16 years old and started a milk run with his brother. He later qualified as a stonemason before attaining a sports qualification at the University of Limerick and being employed as a personal fitness instructor.
Ms Whelan said Hickey’s clients have been impressed by his work ethic and handed in a number of testimonials on his behalf as well as letters from his family. She said there were no drink or addiction issues.
She said there was a suggestion that if given some time, Hickey and his family could gather a sum of €3,000 or more to offer as compensation.
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