This article is from page 51 of the 2012-01-31 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 51 JPG
A 36-YEAR-OLD father of four who punched a teenager in the nose has received prison sentences totaling 14 months.
At Ennis District Court last week, Michal Makula, with an address at 3 Church View, Barefield, was convicted of assault causing harm to a 16year-old boy. The incident occurred on the Gort Road on July 18 (2011).
The boy, who is now aged 17, told the court that he had received a broken nose in the assault. He told the court that his injuries did not require surgery.
Solicitor Tara Godfrey said her client had apologised for his behaviour and had acted in self-defence. However she said that his actions had exceeded what could be considered self-defence. She said that there had been a context in which the assault had taken place.
However Ms Godfrey insisted that this in no way was meant to call the character of the injured party into question or harm his reputation.
She said her client had no history of assault. Judge Aeneas McCarthy asked, “What was he doing hitting a 16 year old?”
Judge McCarthy described the incident as “a serious assault in that this young man suffered a broken nose”.
Noting the accused’s plea of guilty and other mitigating circumstances, Judge
McCarthy imposed a six-month sentence.
Makula pleaded guilty to a charge of burglary at a home at Dromina, Dysart, Corofin on November 9 (2011). Insp John Galvin told the court that the accused broke into the house through the bathroom window. He said Makula was seen by a witness leaving the house with jewelry valued at € 2,000. Insp Galvin said the accused had not been aware that a young woman had been in the house at the time.
Ms Godfrey said her client “genuinely believed the house was empty.” She added, “He did not mean to frighten anyone.”
The court heard that the goods were recovered. Ms Godrey requested that the court consider a suspended sentence.
Judge McCarthy was told that the Director of Public Prosecution (DPP) had directed that the case be tried on a summary basis.
Speaking through an interpreter, Makula said he “was really sorry” for his actions. He said he was not in receipt of any social welfare due to problems with one of his children’s birth certificates.
Judge McCarthy imposed an eight month sentence, taking into account the guilty plea and other mitigating circumstances. He said both sentences are to be served consecutively. Recognances were fixed in the event of an appeal.