A woman who claimed her husband was having an affair with a woman who she glassed in the face in a bar has avoided jail after making a 'token of remorse' of €5,000 to the injured woman.
Margaret Saville and Jamie Murray crossed paths at the Bridge Inn in Dungloe, Co Donegal, in the early hours of September 7 2019.
Ms Murray was out for a drink with friends when she went to the smoking area just after midnight. Saville, aged 38, approached her and knocked a drink out of her hand leading Ms Murray to throw her drink over her.
The accused followed Ms Murray and asked for a word and ended up pushing a glass Ms Murray was holding up towards her chin with such force that it broke. Blood began pouring down Ms Murray's chest and she was rushed to NowDoc medical service.
Garda Dermot Gallen said they arrived on the scene at about 12.30am but staff had cleaned the area so it could not be preserved for investigation. However, they did manage to gather good CCTV footage which caught the entire incident.
Saville, of Cois Locha, Gweedore Road, Dungloe, was arrested on September 24 and admitted the incident saying the pair had history.
She said the reason she approached Ms Murray was because she had had an affair with her husband but never intended for what happened to happen.
Medical evidence given in court from Dr Donal Walsh said the victim suffered from five lacerations but could not receive needles as she had a needle phobia. Instead, she received paper stitches and also received tablets for any infection.
A follow-up examination by Mr Murray's GP, Dr Dara McEniff, said the scars had healed well but that the victim would be left with three scars but that they would need assessment by a plastic surgeon to say more.
In her victim impact statement, 29-year-old Ms Murray said she now suffers from severe anxiety and stress and even had to move back in with her parents as a result of the incident.
Although they have improved she said she is still very conscious of her scars and that she suffers more from the mental side of the incident than the physical.
Barrister for Saville, Mr Sean Magee, said his client accepted fully what had happened and was very apologetic to Ms Murray.
He said she became emotional when she saw Ms Murray and needed to speak to her but that it was never an intentional act to strike her with the glass but accepted the recklessness of her actions.
He said the mother-of-four was very annoyed and upset with herself for what had happened and that she knew Ms Murray's family as they were all from a close-knit community. She had managed to cobble together the sum of €1,000 by way of an apology to Ms Murray.
Judge John Aylmer said the injuries suffered by the unfortunate victim were "appalling" but said the medical evidence in the case fell short as to whether Ms Murray will require plastic surgery in the future. He said he accepted that the case did not appear to be that of one in which a glass had been intentionally pushed into the face of another.
He said the offence would merit a prison sentence of three years but he had to consider that Ms Saville had no previous convictions. He said that nonetheless, the €1,000 offered by the accused fell short of the sum which would have to be offered so as the accused would not serve a custodial sentence.
In July, 2021, Judge Aylmer adjourned the case for a year and ordered Saville to have the sum of €5,000 in court and he would review the case then.
The court was told on Tuesday that Saville had gathered the balance of the money and that Ms Murray was open to accepting the cash token.
Judge Aylmer said because of her early plea, her cooperation, the fact that it was completely out of character and the lack of any previous convictions, he was reducing the sentence to one of two years.
He added that the defendant suffered from depression and mental health issues, had difficulties in her personal relationship and had undertaken a victim awareness course.
Because of these factors as well as a very positive report from the probation services he suspended the entire two-year sentence.
He ordered Saville to be of good behaviour for 12 months and also to abstain from alcohol for that time.
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