Retired Clare judge (80s) 'none the worse off' from Ennis street assault, court hears

Gordon Deegan

A retired judge in his early 80s "was none the worse off” from being punched on the street by an Ennis man who told him “you put me in jail for nothing”, a court has heard.

At Ennis Circuit Court on Tuesday, Jamie O’Connor (44) was appearing via video link from Limerick prison after pleading guilty last week to the assault causing harm of retired district court judge, Joseph Mangan at Barrack Court in Ennis on Saturday, June 14th, contrary to Section 3 of the Non-Fatal Offences Against the Person Act 1997.

Counsel for the State, Sarah Jane Comerford BL told the court that “there is no real victim impact statement" from Mr Mangan in the case.

Ms Comerford (instructed by State Solicitor for Clare, Aisling Casey) said: “In fact an email has been received saying that Mr Mangan “was none the worse off” as a result of the assault and that could assist all parties”.

Judge Francis Comerford said that, given the circumstances of the case, “it does strike me that it might be better if judges not sitting in Ennis all the time should hear the case”.

Asked by his defence counsel, Patrick Whyms BL if he had any problem with an Ennis judge hearing the case, Mr O’Connor replied “no”.

Judge Comerford said that if there is no objection from the defence that he hears the case then he would deal with it.

Mr Whyms (instructed by solicitor, Stiofán Fitzpatrick) said that the defence had no objection and Judge Comerford said that Mr O'Connor could be sentenced on Wednesday, October 22nd.

Mr O’Connor of Laurel Lodge, Clare Rd, Ennis has been in custody since June 18th after Judge Alec Gabbett refused an application in the district court for bail and bail was subsequently refused in the High Court.

The DPP directed that the case against Mr O’Connor be heard in the circuit court where much tougher penalties apply on conviction compared to the district court after the Government in 2023 doubled the maximum penalty for ‘assault causing harm’ under Section 3 of the Non-Fatal Offences Against the Person Act 1997 from five to 10 years imprisonment.

Mr Mangan- now in his early 80s - served as a judge for 27 years and was the assigned district court judge for Clare from 2001 to October 2011 when he retired at the age of 67.

At a contested bail hearing on June 18th concerning the assault, Judge Gabbett said: “This is an extremely serious alleged offence where a retired district court judge now into his 80s was allegedly assaulted for carrying out a public duty when he was a judge.”

Sgt John Burke gave an outline of the State evidence against Mr O'Connor at the bail hearing and said that at 2:25pm on June 14th, Mr Mangan was sitting outside the Gourmet Store on Barrack Court in Ennis having a coffee.

Sgt Burke said that Mr O’Connor approached Mr Mangan “and told him aggressively ‘you put me in jail for nothing’.

“Following a brief interaction it is alleged that Mr O’Connor stood up and punched Mr Mangan.”

Sgt Burke said that Mr O’Connor then fled the scene in the direction of O’Connell Street.

He said Mr Mangan went to the local injuries unit in Ennis where he was treated for possible concussion and dizziness.

Mr Mangan made a statement to local gardaí, Sgt Burke said, and Mr O’Connor was later arrested where he made no admissions “and blamed alcohol for his memory loss”.