A man who kicked a taxi-driver in the groin in a completely unprovoked attack has been given a suspended jail sentence.
Michael Hussey set upon taxi-driver Robert McCabe at Market Square, Letterkenny on June 5th, 2021.
The accused appeared at Letterkenny District Court where he was charged with assault causing harm to Mr McCabe.
The charge was Contrary to Section 3 of the Non Fatal Against The Persons Act.
The court was told that Mr McCabe was talking to a friend when he was approached by Hussey who kicked him in the groin for no apparent reason.
Hussey, of Lower Main Street in Letterkenny, ran off and Mr McCabe made a complaint to Gardai.
The victim suffered bruising as a result of the assault but did not receive any long-term injuries.
The court was also told that Mr McCabe declined to make a victim impact statement.
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Judge Emily Daly was told that the accused had been on medication but had stopped taking it at the time of the incident.
The accused had bene represented previously by solicitor Patsy Gallagher but was not represented on this occasion because of the ongoing dispute between solicitors and the Minister for Justice.
However, Judge Daly said she could deal with the case as the accused had indicated he was pleading guilty and wanted the case to proceed.
She asked if Hussey had any previous convictions and was told he had one for a similar offence in Westport, Co Mayo in 2017 for which he had been fined €200 in lieu of a prison sentence.
Judge Daly said she proposed to jail Hussey for a period of four months but that she would suspend that sentence for a period of two years.
The sentence was suspended on the understanding that Hussey be of good behaviour and that he continue to take his medication.
She urged Hussey to continue to take his medication saying it had a good and stabilising effect on him adding that if he didn’t do anything wrong for two years “that’s the end of the matter for you.”