A 60-year-old man has been sentenced to seven years in jail for what was described as a single blow assault outside a pub in Mullingar, Co Westmeath over a year ago.
Paul Earley, of Donearl House, Meedin, Tyrellspass in Co Westmeath, pleaded guilty to assault causing serious harm to Thomas 'Toss' Maher who suffered a catastrophic brain injury.
Judge Keenan Johnson described it as a "unprovoked and vicious assault" which had left the victim " a prisoner in his own body".
Detective Garda Vincent Reynolds told Mullingar Circuit Court that the victim had been socialising in a pub in Mullingar when Mr Earley arrived in, in the early hours of 7 January 2024.
The court heard Earley had been drinking in other pubs in the town that night and had consumed "about 11 pints".
The court heard that during his time in Clarke's Bar on Patrick Street, Mr Earley had an interaction with Mr Maher in the toilets.
Mr Maher who was not known to Mr Earley, informed the bar manager and other people in the pub at the time that Earley had poked or pushed him in the ribs.
The court heard that after talking to the manager Earley said sorry to Mr Maher, who accepted his apology.
The court heard Mr Maher left the pub shortly before 1.30am and was followed by Mr Earley. CCTV footage shows Mr Earley pushing or headbutting Mr Maher, who fell to the ground and hit his head.
Judge Keenan Johnson said it was clear that it was a blow with "massive force".
Mullingar Circuit Criminal Court heard that Earley "walked away and never looked back" with no recollection of the devastating injuries he caused.
The court heard that no one saw what happened, but passers-by found Mr Maher on the ground. They placed him in the recovery position, and an ambulance arrived.
When paramedics arrived on the scene, they observed a large volume of blood coming from the back of his head and ears, his breathing was irregular, and his pupils were unreactive.
The court heard Mr Maher was taken by ambulance to the Midlands Regional Hospital Mullingar, where he was assessed as critical and then transferred to Beaumont Hospital in Dublin.
A report from Midlands Regional Hospital Mullingar indicated that Mr Maher had multiple skull fractures, multiple areas of brain bleed, and cranial pressure.
He spent more than a month in intensive care at Beaumont Hospital before being transferred back to Mullingar. The court heard he was left "severely disfigured", as the side of his skull was removed.
The court heard that Mr Maher, who is now in full time care at the National Rehabilitation Hospital in Dublin, will require 24-hour care, with two carers present at all times for the rest of his life.
In moving impact statements, Thomas Maher's family detailed the devastating impact that Mr Earley's actions have had.
Mr Maher's daughter Lisa Maher described how her family are in a state of "perpetual grief" for a father who is still alive but does not recognise them.
"My father will spend the rest of his life in care and we will spend the rest of ours in limbo," she said.
Mr Maher's wife Tina spoke of how she mourns for "the man I love so much" and said she lives for the days she can visit him, "hold his hand and tell him I love him", but "he'll never tell me he loves me again".
"My husband will spend the rest of his life trapped in his own prison," she said.
His daughter, Deanna Maher, told of how she was abroad when she got the news of her father’s injuries and rushed home on the next flight.
Addressing Mr Earley directly, she said "you destroyed our lives by making a decision you should’ve chosen not to, and we suffer the consequences of your actions".
Another son, Dylan told Mr Earley that he had taken his father away from him, telling him that "nobody deserves their life taken from them like you took my dad's".
Dean Maher, another son, told the court that their lives will never be the same again and the person who did this can get up in the morning and ring his kids. "He can make memories with his family," he said.
"What makes him think he deserves to have all that when our father never will?"
Thomas, another son of Mr Maher recalled how, on that night, he had heard a knock on the front door and his mother’s scream. She came up to his room and said "something has happened to your father".
It was Thomas who contacted his siblings to share the devastating news and he said he now suffers from depression and fears for his own and his family’s safety when they are out in public.
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Apology
In court, Mr Earley read a letter of apology to the Maher family expressing his "deep regret" for the pain he had caused them and said he was profoundly sorry.
He said he wished he could cure the pain and make things right and pledged an "unwavering commitment to make amends" in any way he can.
Mr Earley said his first thoughts every morning are with the Maher family.
"I always pray for your family who have endured so much. It has profoundly changed me and I will spend the rest of my life atoning for my actions," he said.
"My remorse is genuine and I will carry this regret to my dying day."
Earley has no prior convictions, and character references were furnished to the court, which heard he rarely left his home since the incident.
Sentence
Judge Johnson thanked the Maher family for attending court and said he found their evidence "hugely moving", noting the "cascade of adversity" that the assault has caused in their lives.
He expressed his regrets that there is "nothing the court can do" to ease their suffering and said he is "really, really sorry" for that.
Judge Johnson said Mr Maher's family are the secondary victims in the case, left in a state of paralysis by the life-changing injuries suffered by their father and husband.
"They have lost the essence of the man they knew and loved," said Judge Johnson.
Judge Johnson said however, no sentence can undo the great wrong that has been done to Mr Maher and his family.
He said he hopes the sentencing will provide some small element of closure for the family.
Judge Johnston said the headline sentence was 9 years and 6 months. However, taking in account mitigating factors, including Mr Earley's previous good character, his lack of previous convictions and his early guilty plea, he reduced the sentence to seven years.
Judge Johnson noted compensation of €30,000 offered by Mr Earley will be paid to the Maher family and will go some way towards the significant expenses they have had to incur as a result of what happened.
However, he pointed out that Ireland is one of very few countries in Europe who do not provide compensation to victims for pain and suffering.
He said there is a serious gap in the Criminal Injuries Compensation Scheme which only covers financial losses from violent crime, like medical expenses and lost earnings, but does not compensate for pain and suffering.
