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A KILDARE FATHER-of-five who admitted assaulting a “popular, gentle” man who later died has been jailed for two and a half years.
Construction worker Paul Gill (37) of Sarto Road, Naas, Co Kildare, pleaded guilty at Dublin Circuit Criminal Court to assaulting the deceased Patrick “Patsy” Kelly (58) and his former neighbour, Martin Curtis, on 22 August 2015.
He had pleaded not guilty to unlawfully killing Kelly during the same incident and was acquitted of manslaughter after a six-day trial last month.
The jury in the trial heard evidence that the row was over late-night drinking and noise at Curtis’s home on Sarto Road spanning seven years.
Eye-witnesses described seeing Gill confront the deceased outside Curtis’ house that night and punch him in the face. Gill then dragged Kelly up to eight metres from Curtis’ front door to the road and kicked him once in the head.
Gill then attacked Curtis when he arrived on the scene, Detective Garda Enda Coleman told Orla Crowe SC, prosecuting, during the sentencing hearing last week.
Emergency services arrived and administered continuous CPR to Kelly, but he died.
Post-mortem evidence in the trial revealed Kelly died from heart disease and that the minor trauma from the assault was a contributing factor.
Today, Judge Melanie Greally noted Kelly was a popular man who was greatly loved and that the circumstances of his death had been extremely distressing to his family.
Judge Greally said that the aggravating factors of the case included the fact that Kelly, who was vulnerable and intoxicated, had been taken by surprise by the assault and was totally incapable of defending himself. She noted he had been kicked to head while on the ground.
She noted in mitigation that Gill had entered a guilty plea, made admissions and expressed remorse.
She said that Gill had a difficult upbringing but now had a stable and supportive marriage and young family as well as a strong work history.
She noted the effects of his bail conditions had a punitive effect on his life. One of the conditions of his bail was that he had to stay out of Kildare, apart from weekends when he could visit his family within their home.
Judge Greally said she accepted Gill could not have known of Kelly’s heart condition.
She noted the maximum sentence for this offence was five years.
Taking all the circumstances into account she imposed a two and a half year sentence on Gill in relation to the assault on Kelly and took the assault on Mr Curtis into account.
At last week’s hearing, Detective Garda Coleman agreed with Seamus Clarke SC, defending, that Gill was visibly upset in an interview after the arrest.
He agreed that Gill had a vague recollection of what had happened because he’d been drinking but that he had answered all questions and admitted the assaults.
In her victim impact statement, Kelly’s sister said her family have been left with deep psychological scars.
Bernadette Kelly described her deceased brother as “kind and caring and extremely thoughtful” and said she still sets a place for him at her table at Christmas time.
She finished her statement saying: “No-one has the right to take the law into their own hands”.
Clarke had asked Judge Greally to be lenient on his client, taking into account that Gill has also been “distressed and traumatised” by what has happened.
He submitted that Gill is a hardworking man who has had difficulties and tragedy in his own background.
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So if this ” late-night drinking and noise at Curtis’s home on Sarto Road spanning seven years” had of been dealt with, maybe nobody would have died.
@marty: That’s a nice way to justify the beating to death of another person!
@The Bunk: He didnt justify anything just pointing out that the lack of intervention has a part in the outcome.
@The Bunk: ah look sure why should anybody be accountable for anything in this day and age?
@Kal Ipers: So if my neighbour plays loud music I can go over and kick his head in? He kicked him in the head while he lay on the ground. Loud music or whatever doesn’t excuse those actions.
@The Bunk: Nope , not even close to what was said. If a person has been causing trouble and the authorities do nothing and let it fester they shoulder some responsibility for the situation.
@Kal Ipers: No the man who kicked him in the head is responsible for this. Did this man previously report the noise pollution? Did he report the anti social behaviour? The only fact that has been established is that this man kicked a person in the head while he lay on the ground which contributed to his death. This is what can happen when people take the law into their own hands.
@The Bunk: you aren’t able to understand the point
@The Bunk: if your neighbors has loud parties and drinks for seven years and nothing is being done about it, I think its totally ok to bash their heads in.
One pr!ck used to drive his moped with no exhaust pass my place every morning at 5am. I was seriously considering throwing a brick at him the next time he passed. The only thing that saved his sorry ass was that I moved to a different location due to job change.
Zero sympathy for the buttheads who think it’s ok to force everyone around them to participate in their parties or listen to their f$%^ up exhausts.
Now you can bring on your PC cry brigade.
@Kal Ipers: No I just don’t agree with your point.
@Termaz Fx: Perhaps anger management for you maybe? It might help with the thoughts of bashing people’s heads in. A loud exhaust doesn’t warrant a brick to the face or in this case a death sentence. Did you try reporting your issues to the local authority?
What value a life? Out in less than 2 years.
@David Dickson: €1.25 million
@David Dickson: the Irish court system strikes again. What kind of coward kicks someone in the head when they’re lying on the ground?
Jesus – how is that a sentence for that
Every sentence. The judge always says the accused had a difficult upbringing. So what, it shouldn’t make a difference whatsoever. 2 years is a joke
Totall and utter s(umbag. There was the courts chance of ridding society of this low life coward for at least a decade. He will miss 2 Christmases with him family. The victims family had it taken away forever. And the crime n anti social behaviour will continue as long as these sentences continue
The minute your boot meets someone’s head that’s attempted murder in my eyes
Once again, this judge lets someone off with murder. Absolute disgrace. How can kicking somebody in the head, the person subsequently dying be anything but murder ?
@Michael Farrelly: Murder requires premeditated actions. Not the case here. The person didn’t die due to being kicked in the head but a heart condition. Once you consider that you can see it wasn’t murder nor manslaughter. Sentence is about right
@Kal Ipers: I’m sorry but if you kick somebody in the head there is a high statistical chance you will kill them. This is the problem, people saying aw sure it was only a kick in the head. The fact that the man died of a heart attack is irrelevant. It’s stated that the trauma he suffered resulted in his heart attack. Stop excusing horrible violence
@Michael Farrelly: I am not excusing violence. The kick to the head could kill somebody via damage caused. It didn’t cause that in this case. The trauma of being attacked brought about the heart attack not the force. I am not excusing any violence but you are over inflating the injuries caused by the assault. The guy was a heavy drinker with heart diseases he could have died in his sleep that night. The guy contributed to his death not the cause hence not manslaughter nor murder.
@Suzanne Jasmine: huh? Different people in the story you linked.
@Ray Farrell: You’re wasting your time here. The usual kangaroo court is sitting at the moment.
@Paul Linehan: Yes indeed.
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