By Ursula Duddy
Reporter
A 27-year-old Derry man has been given an 18-month suspended sentence for breaking a man’s jaw in an ‘unprovoked and unnecessary’ one-punch attack beside an ambulance.
Aaron Kerrigan pleaded guilty to grievous bodily harm on December 23, 2016, and his 26-year-old brother, Shea Kerrigan, pleaded guilty to perverting the course of justice on January 7, 2017. The brothers are from Glenshane Road, Claudy, County Derry.
Their friend, 24-year-old, Blaine Carlin, also from Glenshane Road, also pleaded guilty to perverting the course of justice on January 5, 2017.
Derry Crown Court heard that on December 23, 2016, the men were on Waterloo Street in the early hours of the morning when the attack took place.
The injured party was punched once by Aaron Kerrigan; his jaw was broken and one of his teeth damaged. The victim had to undergo surgery and metal plates were inserted into his jaw; he is expected to make a reasonable recovery.
Crown Court Judge Philip Babington said the act was an ‘unprovoked and unnecessary attack’.
Initially, Aaron Kerrigan claimed he had been hit first by the injured party but he now accepts responsibility for the attack.
His brother Shea Kerrigan and friend, Blaine Carlin, both gave false statements to police. Carlin said the injured party had thrown the first punch while Shea Kerrigan alleged the injured party had also assaulted his brother.
However, CCTV footage that was played twice in the courtroom showed that this could not have been the case. Carlin could not have seen the incident while Shea Kerrigan had a clear view and could see that the injured party did not attack his brother.
Crown Court Judge Philip Babington said he chose to play the video to the court twice ‘as it speaks louder than my words’.
He added that Shea Kerrigan, who has no previous record, was remorseful and that alcohol may have affected account of that night. However, he said that the assertion that he witnessed something ‘out of the corner of his eye’ was ‘complete nonsense’.
Judge Babington also said that Carlin could not have seen anything as he was ‘looking the other way’. He said that, although there was a low likelihood of either men reoffending, their actions had crossed the custody threshold and that they were ‘clearly telling lies’.
However, he said that as neither man had any previous convictions, he did not feel that ‘justice would be advanced’ by sending them to prison.
Shea Kerrigan and Blaine Carlin were fined £800 each for their part in the matter.
Turning to sentencing Aaron Kerrigan for grievous bodily harm, Judge Babington said the defendant had ‘taken a very long swing’ before punching the injured party beside an ambulance that was on Waterloo Street.
Judge Babington told him: “If you hadn’t hit the injured party, no one would be in this court today.
“Your punch was cowardly. You came at the injured party from the side with no warning at all. It was completely unjustified.
“You could’ve caused serious injury or you could’ve killed him had he fallen badly and injured his head as others have done in this city and elsewhere.”
Judge Babington said that reports showed that it was ‘out of character’ for Aaron Kerrigan and that he also presented a low likelihood of reoffending.
He added: “Your actions and lies were not helpful but you may have learned your lesson.”
Aaron Kerrigan was given an 18-month prison sentence suspended for three years and was fined £1,250.
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