Teen who kicked 'defenceless' homeless man 36 times granted bail as no beds available in detention centre

A teenager who admitted his role in an “appalling” attack on a “defenceless” homeless man in Limerick City was remanded on bail because no beds were available at Obertstown Children's Detention Campus, a court heard.

The youth, who was 15 at the time, admitted to being part of a “feral” three-man gang that kicked and punched the victim 109 times in an “unprovoked” attack, Limerick Circuit Criminal Court heard on Tuesday evening.

The defendant, now 17, who presently cannot be identified because of reporting restrictions imposed in the case, appeared before the court on a signed plea to one count of engaging in violent disorder at Wickham Street, Limerick City, around 5am on May 8, 2022.

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The court heard a member of the public alerted Gardaí about the attack on the victim, Declan Quinlivan, of no fixed abode, who was then aged 39. When Gardaí arrived on the scene, the three males and a female were standing around Mr Quinlivan, who had “blood pouring from his forehead”.

The males, including the defendant, appeared to be making gestures and threats towards him before they all ran from Gardaí, it was heard. Gardaí gave chase and apprehended the defendant and an older man. A third youth, Aaron Holland, then aged 17, of Marian Road, Templemore, Co Tipperary, who escaped at the time, was arrested by Gardaí five months later.

Mr Holland, 19, received a fully suspended two-year jail sentence last June after he pleaded guilty to one count of violent disorder. Gardaí harvested CCTV footage of the attack and after his arrest, the defendant identified himself on the footage.

After viewing the footage, Gardaí counted 109 individual kicks and punches to Mr Quinlivan over a sustained four-minute attack. Mr Quinlivan was repeatedly kicked and punched in the head and body while he lay writhing in pain on the ground.

He is heard on the CCTV footage pleading with the three males to stop. “Take what ye want lads, but please, stop beating me, I beg ye,” Mr Quinlivan repeatedly asked the three males. When Gardaí showed the footage to the defendant, he admitted kicking Mr Quinlivan 36 times and punching him 13 times. Mr Holland was seen kicking the victim four times and punching him four times.

At one point during the sustained attack, the three males paused their attack and hid in the shadows momentarily as a taxi drove past the dawn scene. When the three males returned moments later, the defendant demanded Mr Quinlivan’s phone and its passcode. The defendant is also heard on the CCTV footage discovering cigarettes on Mr Quinlivan’s person after searching him. Mr Holland is heard on the CCTV threatening Mr Quinlivan not to contact the Gardaí.

John O’Sullivan, prosecuting counsel, told the court “the behaviour of the three accused was feral”. “All three perpetrators were acting in a common design and actively participating in a violent attack on a defenceless person,” said Mr O’Sullivan.

The defendant was arrested by Gardaí after he attended Roxboro Road Garda Station by appointment on October 12, 2022, accompanied by his mother. He initially spuriously claimed he got into a fight with the victim because the victim had engaged a fourteen-year-old female in an inappropriate conversation - however, Gardaí confirmed there was no evidence whatsoever to support this.

After seeing the CCTV footage, the defendant accepted he and others had put the victim “in fear” and assaulted him over 100 times during the unprovoked attack. The defendant acknowledged he struck and kicked the victim between “thirty or forty times” and stole his cigarettes, Mr O’Sullivan said. “It was an unprovoked and feral attack on a defenceless person,” Mr O’Sullivan reiterated.

The court heard Gardaí were hampered in pursuing other charges against the defendant and co-accused due to a “lack of cooperation” from Mr Quinlivan. Graphic footage of the sustained four-minute attack was played in court. Mr Quinlivan’s screams, in which he begged the males to stop attacking him, echoed through the almost empty courtroom.

“Please stop, please stop, please stop,” Mr Quinlivan was heard crying out in pain. The defendant’s barrister, Yvonne Quinn, told the court that the attack was “appalling”. Ms Quinn said the youth was intoxicated at the time and “is ashamed”.

Appealing to the court for leniency, Ms Quinn offered that the defendant has “no previous convictions” and “he hugely regrets his wrongdoing”. Ms Quinn told the court the defendant acknowledges that “he has to suffer the consequences of his actions”.

Judge Daly adjourned sentencing to next Monday, November 4.

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