Man jailed for seven years after ‘unprovoked’ and ‘vicious’ assault leaves man disfigured for life

A 60-year-old carpenter who left another man with a catastrophic brain injury following an “unprovoked and vicious” single-blow assault outside a Mullingar pub in January of last year has been jailed for seven years.

Paul Earley (60), of Donearl House, Meedin, Tyrrellspass, County Westmeath, appeared before Judge Keenan Johnson at a sitting of Mullingar Circuit Court in March, charged with a section 4 assault causing serious harm to another man on January 7, 2024.

Passing judgement today, Judge Johnson said the crime warranted a sentence of nine years and six months but, due to mitigating factors such as a plea of guilty, a show of remorse and a lack of previous convictions, he reduced the headline sentence to seven years. He did not suspend any portion of the sentence.

The victim, Thomas Maher, remains disabled and disfigured at the National Rehabilitation Hospital and will require 24-hour care from two people for the rest of his life.

During a lengthy sentence hearing last month, the court heard how the injured party had spoken to a number of witnesses about an interaction with the accused in the pub toilets, which involved Mr Earley poking him in the ribs.

Mr Maher left the pub shortly before 1.30am. CCTV footage played for the court showed the accused following the injured party to the street.

“It seems clear the accused either headbutted the victim or pushed him to the ground. But it is abundantly clear he used a great deal of force when making impact,” said Judge Johnson, adding that the disfigurement suffered by Mr Maher as a result of the assault was “distressing”.

Mr Maher was discovered lying on the street by passers-by and paramedics observed a large volume of blood coming from the back of his head and ears. He was making “grunting noises”, his breathing was irregular and his pupils were unreactive.

He was taken by ambulance to the Midlands Regional Hospital Mullingar where he was assessed as critical, intubated and taken for CT scans before being transferred to Beaumont Hospital in Dublin.

A report from the Midlands Regional Hospital Mullingar indicated that Mr Maher had multiple skull fractures, multiple areas of brain bleed, and cranial pressure.

He spent more than a month in intensive care at Beaumont Hospital, in an induced coma, before being transferred back to Mullingar on February 21, 2024. He was left “severely disfigured”, as the side of his skull was removed.

John Shortt SC, defending, told the court last month that there was “a significant amount of drink taken” on the night in question, which was mixed with medication Mr Earley was taking for a heart condition.

“Whatever exchange there was between the parties, Mr Earley went on the offence when he followed the injured party out and the incident took place,” he said.

“It was horrific. It was devastating. It was life changing. But it was brief.”

Mr Earley, taking to the witness box last month, said he feels “deep regret” for the pain he caused the Maher family and that he is “profoundly sorry”.

He pledged an “unwavering commitment to make amends” in any way he can and said his first thoughts every morning are with the Maher family.

In his lengthy judgement this afternoon, Judge Johnson directed that the accused’s offering of €30,000 as a token of compensation be paid to the family to cover their out-of-pocket expenses.

“However, the limitations of the criminal compensation scheme need to be reviewed, particularly in serious cases such as this,” he said.

He said the Maher family are now left in a “state of paralysis”, where Thomas Maher is still alive, but no longer able to be a part of family life.

“He is a prisoner in his own body. His family are traumatised because they have lost the man they knew and are left with someone who does not recognise them and cannot communicate with them,” he said.

“Unfortunately, no sentence imposed by this court can undo the great wrong that has been perpetrated not only on Mr Maher, but also his family and friends.

"There is no doubt in saying that their dad is proud of what they have done and the bravery and stoicism that they have shown since the assault. They are an example to us all of what family is all about.

“It is acknowledged and accepted that the life of the victim and his family will never be the same and that is extremely distressing for everyone involved,” he concluded.