Man to sentenced for attack after he learned that an acquaintance had assaulted his cousin

By Fiona Ferguson 

A man spontaneously attacked an acquaintance causing a traumatic brain injury after the “red mist” descended when he found out his cousin had been assaulted, a court has heard.

Jamie Heffernan (22) had been captured on CCTV chatting in the early hours with the victim, Aaron Murdiff, when another man approaches and the “atmosphere changes” as gardai believe Heffernan was informed that Mr Murdiff had assaulted his cousin at a house party earlier that night.

Dublin Circuit Criminal Court heard that Heffernan struck Mr Murdiff causing him to fall to the ground and launched three separate assaults on him during the course of four and a half minutes.

Two other co-accused, who can not be identified as they are minors, are awaiting sentence for their roles in the assault on Mr Murdiff.

Mr Murdiff will be sentenced in July for the earlier assault.

Heffernan of Blackrock House, Newtown Avenue, Blackrock, pleaded guilty to intentionally or recklessly causing serious harm to Mr Murdiff at O’Rourke Park, Sallynoggin, on August 16, 2020.

He has five previous convictions.

Judge Orla Crowe adjourned sentencing to next month to allow the Director of Public Prosecutions indicated where on the scale she considers this offence to lie.

Garda Patrick O’Connor told Karl Finnegan BL, prosecuting, that Mr Murdiff and Heffernan had been at a house party in Sallynoggin on the night.

While Heffernan was absent there was an incident at the house and Mr Murdiff has subsequently pleaded guilty to assault in relation to that.

Mr Murdiff was asked to leave and he and Heffernan came across each other a short distance away.

CCTV captured them engaging in friendly conversation and hugging until another person approaches and there is an exchange of words.

Gda O’Connor agreed with Mr Finnegan that the atmosphere appeared to change and gardai assume this person told Heffernan what had happened earlier at the house party to his cousin.

The garda said Heffernan struck Mr Murdiff knocking him to the ground and he was kicked to the head and body in three separate assaults, with Heffernan leaving and returning twice to assault him again after the initial attack over the course of four and half minutes in total.

Heffernan was stopped and arrested a short distance away due to his agitated behaviour and it soon became clear to gardai he may have been involved in the assault.

The court heard Mr Murdiff suffered a traumatic brain injury and has made a good cognitive recovery but has issues with balance and medics believe his ability to walk and run will never return to normal.

Mr Finnegan said Mr Murdiff was not in a position to give a victim impact statement but one was handed into court from his mother and sister.

Gda O’Connor agreed with Garnet Orange SC, defending, that this was not a planned assault and was a spontaneous event arising from Heffernan’s state of mind when he found out what happened to his cousin.

The garda told Judge Crowe that Heffernan and Mr Murdiff were known to each other.

Mr Orange outlined the contents of a probation report and his client’s background to the court and said this was a “red mist descending” situation.

He said Heffernan had consumed considerable alcohol on the night and had gone out with the intention of getting drunk but no longer drinks to excess as a result of these events, making a concerted effort to reduce his alcohol use since the offence.

He said his client had rationalised his actions but acknowledged at all times that the level of violence used was excessive and never sought to minimise what he had done.

Counsel asked the court to take into account Heffernan’s early guilty plea, his age at the time, and the fact he has acknowledged and taken responsibility for his wrong doing.

He asked the court to note Heffernan’s own efforts at rehabilitation by seeking to address his alcohol and cannabis use. He said his client is willing to engage with any recommendations of the probation