By Eimear Dodd
A man who smashed a pint glass into the face of another man in a Dublin nightclub, causing serious eye injuries, has been jailed for three years.
Dublin Circuit Criminal Court heard on Friday that Jason Aquino (29) and the injured party were separately socialising at Pygmalion, South Anne Street on August 17, 2019.
There was a verbal disagreement between the two groups, but nothing further happened at this point.
Later, Aquino bumped into the injured party while walking across the dancefloor. There were some words exchanged before Aquino smashed a pint glass into the side of the victim’s face.
Aquino and his companions attempted to leave the club, but remained after a friend of the victim alerted security.
When gardai arrived, Aquino and his friends said they knew nothing about what had happened.
Aquino was arrested and was initially deemed unfit for interview due to intoxication.
He initially denied the allegations, saying he left his pint glass at the bar. After being shown CCTV from the club of him with a pint glass on the dancefloor before the incident, he accepted what had happened.
Aquino (29), of The Court, Oldtown Mill, Celbridge, Co. Kildare, pleaded guilty to assault causing harm, violent disorder and production of an article.
The victim suffered serious injuries and was transferred to the Royal Victoria Eye and Ear Hospital.
He spent six days in hospital and required emergency surgery. The injured party’s eyesight has been seriously affected and he continues to receive treatment.
Reading his victim impact statement to the court, the complainant said he has been left with life-changing injuries following an “unprovoked attack”.
He said he has suffered a “considerable loss of vision“, which has made his life more difficult. He said the future health of his eye “remains uncertain”.
He said there are sutures in his eye as a cornea transplant was rejected and if this happens again, he will likely lose his sight in that eye. He said he must take medication and prescription drops daily.
He said he was out of work for some time following the incident and had to give up the job he loved as a result of his injuries. He said he moved back home to live with his parents and experienced a loss of independence. He also noted that the effect of what happened on his parents.
He said that the defendant had shown no remorse up to this point, adding: “To be honest, any apologies at this point will seem hollow and frankly fall on deaf ears.”
Aquino, who is from South Africa, has no previous convictions and has not come to other negative garda attention.
The investigating garda accepted a suggestion from Dominic McGinn SC, defending, that this incident was out of character and was a “spontaneous moment of violence” which occurred while Aquino was intoxicated.
The garda also agreed that Aquino apologised after seeing the CCTV.
Aquino has a long work history and runs a catering business. He had brought €20,000 to court as a gesture of remorse, which the court heard the injured party is willing to accept.
Mr McGinn noted the injuries sustained by the victim are “horrific and lifelong”.
He said his client was apologetic when interviewed and is remorseful. Mr McGinn submitted to the court that his client is otherwise an upstanding citizen who has led a law-abiding life and recognises that he must be punished for what occurred “in that moment of madness”.
He asked the court to consider all sentencing options, noting this would be his client’s first time in custody and that he accepts a prison term is inevitable.
Mr McGinn said his client has not come to negative garda attention in the six years since this incident and is unlikely to come before the courts again.
Imposing sentence, Judge Martin Nolan said while the court didn’t think that Aquino intended to cause the serious injuries he did, he behaved recklessly in relation to the health and safety of the victim.
“The effects on the injured party have been profound,” the judge noted, adding that the victim continues to live with the consequences of Aquino’s behaviour on the night.
He said Aquino deserved a prison term and set a headline sentence of eight years, which he reduced to four years to take into account the mitigation.
Judge Nolan suspended the final 12 months of the sentence on strict conditions for 12 months and directed that the €20,000 should be offered to the victim within three months.