Posted by Victim is confined to a wheelchair after being kicked, stamped upon and beaten until his head was ‘nearly concave’
An attacker who took part in an assault that left the victim in a wheelchair after being kicked, stamped upon and beaten until his head was “nearly concave” has withdrawn an appeal against his nine-year jail term after being warned the Court of Appeal also has the power to increase sentences.
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Gardai investigate theft of a car from the grounds of a Limerick universityGardai investigate theft of a car from the grounds of a Limerick university
At the Court of Appeal on Monday, October 7, Mr Justice Patrick McCarthy told the defence counsel for Conti Birali (28) that this was a case of “the utmost seriousness”.
“You would find it hard to argue that it is not in the more serious range,” said Mr Justice McCarthy, going on to ask Mark Lynam SC whether he had advised his client about the jurisdictional powers of the court.
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After consulting with his client, Mr Lynam asked the court for permission to withdraw the appeal.
Granting the application, Mr Justice McCarthy said that Birali had received “very worthwhile advice”.
“This is a very serious case, and he has acted in a very prudent manner because of the powers of the court,” he said.
Birali, with an address at Parslickstown Drive, Mulhuddart, Dublin 15, was sentenced at Dublin Circuit Criminal Court to nine years in prison after he pleaded guilty to assault causing serious harm to Austin Doherty at the Old Navan Road, Dublin 7, on July 31, 2022. He further admitted committing violent disorder with others on the same occasion.Birali had been previously in a relationship with the woman, the court heard.
After being ejected from the club, Birali phoned two other co-accused men who arrived separately, before the three men began to circle the area around the nightclub in wait for the victim.
Meanwhile, security at the club were concerned for the safety of the victim and tried to persuade him to get a taxi, but the man believed he was safe and left the club on foot at 4.17am.
The court heard the victim was allowed to walk for about 13 minutes before he was “hunted down” by the three accused, two of whom were in a jeep and one on foot.
Two of the accused men were captured on CCTV attacking the victim, stamping on his head and kicking him repeatedly.
Birali got out of the jeep and joined in the assault a few minutes before it ended by the victim being kicked three times in the back.
Paramedics described finding the victim completely unresponsive, with his head “nearly concave” and injuries to his lip. There was a broken bottle on the ground beside him.
The victim, who was aged 38 at the time, is now a wheelchair user and needs daily care. The prognosis is that his condition is unlikely to improve, the court heard.
In a victim impact statement, Mr Doherty said he would never be able to walk again.
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“It’s like I’m in my own prison,” he said, adding that he now has to depend on others and cannot do simple things that others take for granted.
Birali has three previous convictions, including a drugs offence and two minor traffic offences.
A co-accused, Craig Maples (28), was jailed for seven years for violent disorder and assault causing serious harm to Mr Doherty on the same date.
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