A 30-year-old man has been jailed for two-and-a-half years for a prolonged attack on an 86-year-old woman in Dublin in the early hours of the morning.
Alex Bailey of Claragh, Ramelton, Co Donegal, had taken cocaine and alcohol and was experiencing drug and alcohol induced psychosis when he attacked Marie MacGowan who had dementia and had become lost on her way home.
During the assault, Bailey punched and kicked Ms MacGowan, dragged her along the path and put her headfirst into a wheelie bin.
The attack, on 1 September 2022, lasted more than 40 minutes and only ended when three students on their way home intervened and called an ambulance.
Ms MacGowan can no longer live independently and the judge said her quality of life and life expectancy had been affected.
Ms MacGowan suffered from early onset dementia, but was able to live independently and socialise.
She had recently moved to sheltered accommodation in Dublin to be closer to her family.
On 31 August 2022 she had been out with a friend for a meal in Ranelagh and had gone home and gone to bed.
However, some time later, she woke up and decided to go to the shops, not realising it was by then 1am.
She headed towards her home but walked a little too far and met Bailey outside an ice cream shop.
CCTV footage shows Bailey remained with Ms MacGowan for around an hour.
The footage shows him sporadically assaulting her for 42 minutes.
He knocked her to the ground, punched, kicked and dragged her and put her headfirst into a wheelie bin before slamming down the lid.
The bin fell over and he punched and kicked Ms MacGowan as she tried to get out of it.
She told gardaí later she thought she was going to be killed.
The attack only ended when three students on the opposite side of the road noticed the woman sitting on the kerb and came to help her.
Bailey was still at the scene and spoke to the group before walking away.
He told them to keep away from Ms MacGowan as she was "dangerous".
She was able to tell the students that Bailey had assaulted her and stolen her wallet.
Ms MacGowan was treated in hospital for a fractured nose and blood loss.
Her son Jack told Dublin Circuit Criminal Court that she has suffered ongoing problems with her balance since the attack.
She spent four months in a rehabilitation facility and now lives in a nursing home.
Mr MacGowan said his mother was sad and depressed as she could no longer live independently.
He said she had lost her confidence and her dementia had worsened.
Bailey's defence counsel, Patrick Gageby told the court that his client was experiencing "induced psychosis" due to his level of intoxication.
He was under the delusional belief that Ms MacGowan was a man dressed up as a woman and that she was actually a predatory paedophile.
Bailey was arrested 12 days after the attack after gardaí harvested hours of CCTV footage from local businesses.
He pleaded guilty to assaulting Ms MacGowan causing her harm as well as robbery and false imprisonment.
Mr Gageby said his client was deeply sorry for the pain and suffering he had caused.
The court heard he had fully engaged with the Rutland Centre to deal with his alcohol and drug misuse.
He was offering €10,000 as a token of his remorse.
Judge Orla Crowe said Bailey had no previous convictions and had undertaken significant work to address his addiction issues.
He came from a law abiding background and had a strong work history.
She said aggravating factors were the nature of the assault, the duration of the offences, the age of his victim, and the serious consequences for her.
In mitigation, she said Bailey's remorse was genuine and he had pleaded guilty at an early stage.
She sentenced him to three years in prison but suspended the final six months to incentivise his rehabilitation.
She said he must undertake to keep the peace and to abstain from all alcohol and drugs as well as attend the Rutland centre's continuing care programme for a minimum of two years after his release.
Outside court Ms MacGowan's son said he wanted to thank the three students who had intervened and called emergency services.
Only for them, he said, they could be dealing with a very different situation.
He believed they had saved his mother's life, Mr MacGowan said.
He said his mother had been an independent woman but now needed 24/7 care, particularly because of the issues with her balance.
The case should serve as a warning about the dangers of taking cocaine, he added.
Mr MacGowan also said the €10,000 offered by Bailey as compensation would be donated to the Royal Hospital in Donnybrook to thank them for the work they did helping to rehabilitate his mother.
