Donegal farmer who broke man's eye socket avoids jail after €8k 'token of remorse'
A Co Donegal man who attacked another man and left him with a broken eye-socket after a one-punch attack in a bar has avoided going to jail after he paid his victim €8,000.
Father-of-four John Parke, 42, appeared before Letterkenny Circuit Court where he was charged with a Section 3 assault on Gary Gibson.
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Farmer Parke admitted the attack and previously offered his victim a token of his remorse of €1,000 which Judge John Aylmer said "borders on an insult."
The accused man returned to court where he increased his offer of remorse to his victim to €8,000.
The court had heard Mr Gibson and Parke had been drinking at the Diamond Bar in Raphoe at approximately 11.30pm on August 24th, 2019 when the incident occurred.
Prosecutor Ms Fiona Crawford said Mr Gibson had been in the bar when Parke arrived and said to Mr Gibson 'get the fuck out of the bar.'
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Mr Gibson then turned to Parke and told him he was finishing his half pint of alcohol when Parke suddenly struck his victim with a closed fist to the face.
Mr Gibson was cleaned up and taken to Letterkenny University Hospital before being transferred to Sligo Hospital and then on to Altnagelvin Hospital in Derry for treatment.
The court heard that Mr Gibson's right eye socket was displaced by 5 millimetres, that he was off work for three weeks, had headaches for six weeks after the incident and that he still has a a'constant drooping' in his eye.
He said he was thankful to the doctors at Sligo Hospital who managed to save the sight in his right eye.
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Garda William Powell, the investigating member, said there had been no CCTV in the bar and nobody present was willing to make a statement.
A victim impact statement on behalf of the victim said he was still afraid when he went out socially and was nervous in case he met Parke and that he always had his wife 'on standby' to collect him as he is afraid to walk home.
Parke made a voluntary cautioned memo of interview to Gardai on October 2nd, 2019 in which he admitted to meeting Gary Gibson in the bar and saying to him 'what's wrong with you?'
Parke said there was not a lot said between the pair but there was some 'pushing and shoving' but that he left and met his wife before going home.
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When the allegation that he punched Mr Gibson was put to him by Gardai, Parke replied 'Bullshit, that's a load of crap, I did not hit him.'
The accused also claimed he could not have punched Mr Gibson as he had cut his hand with a blade a short time earlier and could not make a fist.
However, he later entered a guilty plea to assaulting Mr Gibson.
The court was told that Parke had two historic previous convictions for criminal damage going back to 2004 but none for assault of any nature.
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Barrister for Parke, Mr Ciaran Elders, BL, said his client was an active member of the local community and had been involved in training underage sports teams, in various charity events and he knew that he should have walked away on the night in question rather than becoming involved.
He said a probation report into Parke said there had been a slight conflict and that a drink may have spilled onto his trousers and there had been a verbal spat with Mr Gibson but said he had no recollection of punching him.
The probation service also said he was at a low risk of reoffending and that he was suitable for community service and is also very remorseful for what had happened.
Mr Elders added that Parke was a man with a virtually unblemished record and that this incident was totally out of character for him and that there had been no further conflict between the accused and the victim.
He said he had the sum of €1,000 in court by ways of compensation to his victim.
Judge John Aylmer said that this was clearly a very serious assault given the circumstances adding Mr Gibson suffered a very nasty fracture to his cheekbone as he reflected on the victim's injuries.
He said he placed the incident 'very much in the mid range' and one which merited a prison sentence of three years before mitigation.
He added that he entered a plea at the last moment but this did not entitle him to one third off his sentence but credit has to be given for it.
Judge Aylmer said he recognised the fact that Parke was of limited means but that the offer of €1,000 'is bordering on an insult to Mr Gibson.'
Barrister Mr Elders suggested if he had more time but the Judge replied that he 'has had an awful lot of time' but said he was still in denial at giving Mr Gibson such a firm blow that he would cause such injuries.
'He has a long way to go to avoid a prison sentence,' added the Judge.
Mr Elders asked if the court had any idea of a figure which it would be satisfied with, to which Judge Aylmer replied 'No. He will have to arrive at it himself. It's not a cattle mart.'
A revised offer of €8,000 was made in court which the accused man's barrister said was "a huge amount of money for him to raise."
Mr Elders added that he did not think there was a huge benefit to society by incarcerating Parke saying he was a functioning member of his community and broader society as a whole.
Passing final sentence, Judge John Aylmer said Parke caused a very serious injury to his victim and he placed the assault at the mid range of such incidents meriting a sentence of three years before mitigation.
Judge Aylmer referred to the probation service report which said Parke was deemed a low risk of reoffending, the lack of any major previous convictions as well as a letter from Parke's partner.
He said it was clear that incarceration would place an extreme burden on the accused man's family and especially his child with special needs for whom Parke cares for.
The Judge added that the increase from €1,000 to €8,000 for Mr Gibson was a more genuine token of remorse and having regard to his otherwise good character, he proposed to deal with the sentence by way of a non-custodial sentence.
He ordered Parke to do 240 hours community service in lieu of two years in prison on the basis that the money is paid over to Mr Gibson, not as compensation as he may have a future claim for compensation, but as a token of his remorse.
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