By Sonya McLean
A father of one who was dressed as Superman when he headbutted a man at a nightclub one Halloween night has had his sentence adjourned to allow him time to raise money for the victim.
Denis Ward (39) later told gardaí he had no recollection of the assault but accepted “I took the book off him and went for him” after he was shown CCTV footage from the nightclub showing him taking a pretend bible off the victim before he lunged at him.
The victim, Daragh Comerford, was left with a broken nose and later required surgery due to a deviated septum.
Inspector Eamon Lynch told Diarmuid Collins BL, prosecuting, that when he arrived at the club having been alerted to the assault, he was informed by security staff that the culprit was dressed as Superman and had been with a woman dressed as Wonder Woman.
He said he later stopped Ward, who was no longer dressed up but was with a woman dressed as Wonder Woman. The Superman costume was found discarded in a nearby bin.
Mr Comerford later told gardaí that he had spotted some pretend bibles in the nightclub and was messing around with them when a man in a Superman costume took it from him. He said he told the man to “relax” before Ward headbutted him.
Ward of Northern Close, Belcamp Lane, Dublin, pleaded guilty at Dublin Circuit Criminal Court to assault causing harm to Mr Comerford at D Two Nightclub, Harcourt Street, Dublin 2, on October 31, 2017. He has four previous convictions which include three for road traffic offences.
Judge Melanie Greally heard from a victim impact statement that the man had suffered a loss of €1,100 due to medical bills and having to take time off work. She adjourned the case to October 12 next to allow Ward to raise cash to cover the victim's loss.
A victim impact statement said the man was “quite shook for a few weeks” after the assault and he had take time off work. He said it affected him both physically and mentally and photographs were handed in of his injuries.
Barry Ward BL, defending said his client has not touched alcohol since the assault. Judge Greally noted alcohol was “a significant factor” in the offence.
He asked the court to take into account that his client was unknown to the gardaí at the time and that his behaviour was “out of character”.
Mr Ward said his client is not working and relies on social welfare but is willing to raise the sum of €1,100 if given time to do so.
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By Fiona Ferguson and Sonya McLean
A building contractor has been been fined €100,000 for failing to carry out an asbestos risk assessment during work on part of a Dublin city office building.
The breach occurred at Findlater House, Cathal Brugha Street, on June 23, 2016, while McAleer & Rushe UK Ltd were carrying out refurbishment work for its conversion into a hotel.
Dublin Circuit Criminal Court heard two asbestos surveys had been carried out on the site the previous year but the area involved had not been included as work had not been envisioned there at the time.
Asbestos had been previously located elsewhere in the building and had been compliantly removed by a specialist company using full body suits, respirator masks and extraction fans and filters.
A Health and Safety Authority inspector told a sentence hearing last month that asbestos was a known carcinogen which had been widely used in construction until a phased ban in Ireland between 1986 and 2000. Airborne dust particles may be inhaled into the lungs when the asbestos deteriorates or is broken.
Declan McLogan, a director, pleaded guilty on behalf of the company that the firm undertook work at Findlater House which would be liable to expose employees to dust from asbestos or materials containing asbestos in circumstances where there was a failure to carry out a risk assessment.
McAleer & Rushe UK Ltd., of George Street, London, have no previous convictions.
Sentencing today, Judge Melanie Greally accepted that McAleer & Rushe enjoyed a strong reputation and had various certificates which had demonstrated a commitment to a healthy and safe environment for its staff.
“The company is committed to maintaining high standards of safety on its sites and has a well developed social conscience,” Judge Greally said.
She accepted that the breach was not motivated by cost saving but was rather caused by human error.
The judge said had the decision maker on site had the necessary training the mistake may not have been made and described it as a most “serious breach” given the risk the workers were exposed to.
Judge Greally gave credit to McAleer and Rushe for its high level of co-operation, the remorse it has expressed and the seriousness of which it has regarded the case. She added that the company has an impressive commitment to safety and has experienced a low number of accidents on site.
She fined the company €100,000 and said that it must be paid within six months. Judge Greally also granted an order for costs by the State.
Defence counsel, Ronan Kennedy SC, said at the earlier hearing, that this was a once off incident that was out of character for the company, which prides itself on its exemplary health and safety record. He submitted there had been a significant element of human error.