Irish soldier admits 'one punch' affray that left dad of one with brain injury
Father of three, Alan Costello, (37), Shantraud Woods, Killaloe, Co Clare, told Gardai he was 'sorry' and 'ashamed' of his behaviour on the night, Limerick Circuit Criminal Court heard.
Mr Costello, who has served almost 20 years in the Defence Forces, pleaded guilty to one count of affray, during which he punched the late Timmy Cosgrave, (51), during a row in February 2022.
Mr Cosgrave, a father of one from Annacotty, Co Limerick, who ran his own haulage firm, died following an unrelated illness in Tenerife almost two years later, on January 10, 2024.
The court heard that the two men got into a 'heated' row at the Chicken Hut fast-food restaurant, Limerick City, after Mr Cosgrave appeared to have skipped past Mr Costello in a queue for food inside the premises, in the early hours of February 20, 2022.
Mr Cosgrave, who was intoxicated, beckoned Mr Costello to meet him outside the premises, and after both men went outside Mr Costello punched Mr Cosgrave and he fell backwards, striking the back of his head off the ground, the court heard.
Prosecuting barrister, John O'Sullivan said: 'It is the Prosecution's case that Alan Costello administered one punch to Mr Cosgrave.'
Following his arrest almost a month later on March 13, 2022, Mr Costello told gardai he had not been aware Mr Cosgrave had sustained a serious brain injury in the incident.
Mr Costello told gardai that after punching Mr Cosgrave, he walked back to the scene to check on him but he could not find him there and so he left.
Sergeant Cathal O'Sullivan, Limerick, played CCTV from inside and outside the Chicken Hut which he said showed the two men 'squaring up' to one another before Mr Costello removed his coat and punched Mr Cosgrave.
Although the actual punch was not captured on CCTV Sgt O'Sullivan said Gardai were satisfied 'it was one blow'.
Gardai said they found Mr Cosgrave in an 'intoxicated' and 'incoherent' state, and he was bleeding from his head, having earlier lost consciousness at the scene.
Mr Cosgrave was transferred from the scene by ambulance to University Hospital Limerick, where he was diagnosed with a traumatic brain injury consistent with the events of the night.
He had sustained hemorrhages, contusions, and fractures of his left temple.
His condition deteriorated, and after he began suffering seizures, he was treated in the Intensive Care Unit and high Dependency Unit at UHL where he was an inpatient for almost a month.
Mr Cosgrave was eventually transferred from UHL to the National Rehabilitation Hospital, Dublin, where he was an inpatient from August 29 - October 14, 2022.
Mr Cosgrave underwent a battery of occupational therapy, speech and language therapy, physiotherapy, after suffering difficulties with language skills and swallowing. He suffered reduced strength and sensation in his limbs, persistent and significant fatigue, as well as emotional difficulties linked to his brain injury.
Mr Cosgrave's family told the court that Mr Costello 'took away Timmy's independence' when he punched him as well as his 'passion' for trucks and his haulage company which he had established in 2015, 'which were his pride and joy'.
Mr Cosgrave's family said after Mr Cosgrave was 'devastated' after doctors told him in 2023 he could no longer drive, nor perform mechanical checks on hs fleet of trucks 'after he developed epilepsy, and lost strength in his arms'.
'It affected him mentally and physically. It was a huge disruption to his business and everyday life.
'Timmy was a proud family man, animal lover and hard worker, but after the incident he was a different man, he became a distant person, he changed dramatically,' they said.
Mr Costello's barrister, Yvonne Quinn, told the court Mr Costello had no previous convictions, that he did not target Mr Cosgrave on the night nor did he instigate the row with Mr Cosgrave.
Sergeant O'Sullivan agreed that Mr Costello was 'deeply ashamed and genuinely remorseful', that he 'fully co-operated' with the garda investiagtion, and that he did not have a history of violence.
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Ms Quinn asked the court to take into consideration the definition of 'affray' whereby, she said, 'two or more persons use or threaten to use violence', and in that, Mr Cosgrave 'was the other party' on the night.
'Yes, the accused had a choice, and yes, he should have walked away - he was wrong. In the moment Mr Costello should have exercised more restraint, he knows that now.'
Ms Quinn provided the court with a letter of apology penned by Mr Costello to Mr Cosgrave's family.
Judge Colin Daly said he would pass sentence on October 9.
When asked for comment, a spokesperson for the Irish Defence Forces replied: 'The Defence Forces do not comment on individual cases and as this is still before the court it is inappropriate to comment further.'
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