Kilkenny courthouse
A man who approached another in a pub toilet to apologise for an assault has been warned to “have no contact whatsoever” with the injured party while the case is adjourned.
Christopher Lee, 113 Dunan, Thomastown, had pleaded guilty to a charge of assault causing harm arising out of an incident outside a pub.
On July 3, 2022, gardaí were called to an altercation outside a pub in Thomastown, just before 1am. On arrival they met Shane Butler who was in a distressed state. It was obvious to the gardaí that he needed immediate medical attention.
Mr Butler identified the assailant as ‘one of the Lees.’
Mr Butler and a friend were waiting outside the pub, when gardaí arrived, and the Lee group had been permitted to go back inside by the proprietor, to keep the groups separate.
Gardaí learned there had been a verbal altercation inside the pub, and Mr Butler and his friends had left.
It was then Mr Lee punched him from behind.
Mr Butler obtained a deep laceration to his top lip and inside his mouth. He was taken to hospital, first to St Luke’s in Kilkenny, where he presented with a “gaping wound” to his lip, then was referred to St James’s hospital in Dublin, where he was seen by the plastic surgery trauma team and his wound was closed in theatre.
In Mr Butler’s victim impact statement, which was read in court by Detective Garda Brian Whitty, he said that he grew up in Thomastown and it was always a safe place to live, but the events of night changed his whole perception of his hometown.
Describing how he had been victim of an “unprovoked attack,” Mr Butler said that since the assault he became anxious and had difficulty sleeping for months. He worried about the scar he was left with and wouldn’t go into a pub on his own, to wait for friends. He was fearful of being assaulted again.
Sociable
The night in question started off very sociable, he met old friends from school. One good friend was later killed in an accident and now his last meeting with him is tainted by the memory of being assaulted that night.
The court heard Mr Lee had no previous convictions.
Barrister David Roberts, defending Mr Lee, said his client had ‘never been on the garda radar, before or since.’
When interviewed by gardaí Mr Lee gave a ‘no comment’ interview, but entered an early guilty plea after the book of evidence was served.
A year and a half after this incident, on St Stephen’s night, Mr Lee met Mr Butler’s brother in the bathroom of a pub. He said he was sorry for what happened and didn’t realise he had hit Shane so hard. He seemed genuinely remorseful. Shane Butler then walked into the bathroom and Mr Lee apologised to him. Mr Butler left the bathroom.
Mr Lee offered to shake hands. Shane Butler accepted his apology then left. The meeting was described as “very awkward” but Mr Butler said he was not scared.
Judge Jonathan Dunphy interjected to say of that encounter “it’s very Irish, but I’m telling you now, it’s inappropriate” because Mr Lee was on bail at the time.
Mr Roberts said his client is very remorseful and embarrassed about what happened.
Mr Lee, he said, is 32, the father of an eight year-old and in full employment.
“What occurred on the night in question does Mr Lee no credit whatsoever. It was a shameful incident, but it appears to be an aberration in a life that has otherwise been entirely pro-social,” Mr Roberts said.
His client had consumed alcohol and his inhibitions were lowered, on the night. He knew the Butlers from around town and there was no prior bad feeling.
Mr Roberts said his client ‘felt physically sick’ when he saw photographs of Mr Butler’s injuries.
He accepted responsibility for his behaviour and was at low risk of reoffending, a Probation Report said.
Mr Roberts said Mr Butler and his former partner are in the process of selling their former home and this would be relevant if the court decided compensation was appropriate.
No contact
“Two years down the road you are telling me this man has come in with nothing?” Judge Dunphy asked.
Mr Roberts explained his client has significant financial outlays and appealed for more time to allow his client ‘put his best foot forward.’
Agreeing, the judge said he was making it a condition that Mr Lee “have no contact whatsoever, directly or indirectly, with the injured party or his family members.”
The matter was adjourned to the November sitting of Kilkenny Circuit Court.
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