Callely son spared jail over ‘moronic’ f irework stunt
Victim suffered burns after defendant’s ‘stupid act’ in nightclub
THE son of former politician Ivor Callely has been ordered to do 240 hours of community service in lieu of a prison sentence for lighting a firework in Copper Face Jacks nightclub.
Oliver Callely, 28, of St Lawrences Road, Clontarf, Dublin, pleaded guilty at Dublin Circuit Criminal Court to the incident at the Harcourt Street, Dublin nightspot on July 6, 2015.
Callely was standing on a balcony overlooking a crowded smoking area when he lit the firework, which took off and got stuck between a man’s arm and body.
Judge Karen O’Connor, who heard evidence in the case last December, yesterday ordered Callely to do his community service over a 12-month period in lieu of a two-year prison service.
Dean Kelly BL, defending, previously told the court that earlier that day Dublin had beaten Mayo in a football replay and his client had drunk a great deal.
The court heard they were sellout games and that the nightclub was very crowded with hundreds, if not thousands, of people.
The victim was in the smoking area when he saw a spark and heard a bang before realising he had ‘caught on fire’. He patted himself down and said it wasn’t sore at the time, but he said he began to feel pain a little later and was treated by the nightclub’s onsite medical centre.
The next day he still felt in pain and was referred to A&E by his GP and was treated in the burns unit. He attended the burns unit eight times over the next two months.
The court previously heard that Callely had the firework from earlier in the day when fireworks were being lit during the football game. He was arrested after coming to a garda station by arrangement.
He made no comment during interviews and a file was sent to the DPP.
Callely left the jurisdiction prior to being charged and took up work in the US. He was later arrested under an extradition warrant and spent just under a month in a federal facility.
Sergeant Niall Murray previously told the court that Callely described to him his time in US custody and it sounded ‘very brutal’. In an impact statement the victim said that his injuries have impacted his sports career and he still experiences itchiness and discomfort where he was burned.
He said Callely’s actions were dangerous and could have had much worse consequences, but he didn’t wish Callely to go to prison.
Mr Kelly said his client’s behaviour was a ‘moronically stupid and dangerous act’ and ‘it was reckless as opposed to having any intention to cause harm’, he said.
He added that his client had had a troubled and difficult family life and his parents are separated.
Counsel said that Callely had not enjoyed a positive relationship with his father and he had experienced difficulties as a result of his father’s public profile.
Mr Kelly said yesterday that Callely had given €6,500 to the victim, in addition to the unconditional offer of €1,000 he brought to the last court appearance.
Defence counsel said the €2,500 bail surety would also be made available to the complainant when it was returned.
Judge O’Connor said she was not told about the €6,500 being made available to the victim until yesterday and it was not influencing her decision.
She said Callely had had opportunities in his life that most people before the court had not been lucky enough to have, such as food on the table, a home, a very good education and a supportive family.
Judge O’Connor said drinking was no defence for his behaviour but she accepted that lighting the firework in the nightclub was reckless but not a targeted attack.
She said the maximum sentence was five years before ordering Callely to do 240 hours community service.
The judge, following sentencing, told Callely that it was his last chance and he was old enough to know better.
Reckless, but not a targeted attack