Two men jailed for attack on victim who needed dental implants

Olivia Kelleher

Two young men have been jailed in connection with an incident where a young man was so viciously assaulted that he had to get dental implants.

Det Garda Sinead O’Donovan told a sitting of Cork Circuit Criminal Court that the man who was attacked in the early hours of August 6th, 2023 in Midleton, Co Cork  still feels unsafe when he is in public.

He was diagnosed with anxiety and depression arising out of the unprovoked attack on Main Street in Midleton. On a physical level he still suffers from a lack of feeling in his bottom lip and has difficulty with both hot and cold drinks.

Kelvin Lynch of Cleenagh, Ballymagan in Buncrana, Co Donegal and Tyrese Emerhu of Avoncore Place in Midleton, Co Cork have been jailed for a year and 2.5 years respectively in connection with the attack which occurred on August 6th, 2023 in Midleton.

Both Mr Lynch (19) and Mr Emerhu (23) pleaded guilty to charges of assault causing harm and violent disorder.

Det Garda O’Donovan said that the two men were among a group of four people who carried out the assault on the Main Street in the town at 1.20am on the date of the offence. CCTV was harvested from the scene.

The victim spent five days as an inpatient at Cork University Hospital in the aftermath of the incident having suffered a fractured jaw and fractured ribs amongst other injuries.

Det Garda O’Donovan said that there was “no history of animosity” between the young men and the injured man.

Judge Dermot Sheehan was told that Emerhu made full issions when he was arrested in connection with the incident. Lynch did not make issions when he was interviewed by gardaí but subsequently entered a guilty plea.

The court heard that Lynch decided to move to Donegal to live with his father in the aftermath of the attack in order to change the course of his life.

Emerhu has seven previous convictions including a conviction for assault whilst Lynch has 22 previous conditions including one for violent disorder.

Barrister Alan O’Dwyer, BL, representing Emerhu said that his client was experiencing family difficulties at the time of the offence. He indicated that Emerhu was remorseful for his actions which occurred when he was highly intoxicated.

Mr O’Dwyer also told Judge Sheehan that Emerhu was financially providing for his younger siblings. The 23-year-old is employed as a tree surgeon.

Defence Barrister Andrea Gilligan, BL, for Lynch said that her client now works as a plasterer in Donegal. He has not come to garda attention since the incident occurred.

Ms Gilligan said that her client accepted that the case was serious and apologised for his actions. Both men brought compensation of between €1,000 to €1,500  to court. It will be handed over to  the victim in the case.

Judge Sheehan noted that Lynch was 17-years-old when the assault occurred and had lesser involvement in the incident than his co accused.

However, he emphasised that it was a grave offence in which the victim sustained a fractured jaw, a fractured cheek bone and damage to his eye socket and ribs.

“Four people were involved and one person overwhelmed by the group. Emerhu said that there was some background (between the man and the young man whom they assaulted). Nothing could justify what occurred here.

It has had a profound impact on his life (the life of the victim). It has impacted on his driving ability which was his livelihood.”

Judge Sheehan jailed Lynch for three years suspending the last two years of the sentence. He jailed Emerhu for 3.5 years but suspended the last 12 months of his sentence.

The differing sentences arose as a result of the the less significant role of Lynch in the assault. Judge Sheehan also said that he was conscious that Lynch was under the age of 18 when the offence took place.