A teenager was jailed yesterday for manslaughter after kicking an Irishman in the head during a vicious assault in New Zealand last October.
Kildare man Anthony Michael Kelly, 61, who was known as Tony, was rushed to Christchurch Hospital after the "martial arts-style" kick but died 10 days later from his injuries, reports the Irish Mirror. Mark Nagel, 19, was sentenced to two years by Justice Rachel Dunningham at the High Court in Christchurch after pleading guilty to manslaughter.
But she granted him leave to apply for a home detention sentence which is an alternative to prison. Following the attack, Nagel high-fived one of his pals.
Read more: Death of man in west Dublin sparks GSOC probe
Read more: Dublin family trapped in Palestine fear they'll die of starvation or thirst before escape
In a heart-wrenching victim impact statement Tony’s 22-year-old son Ryan said: "At the age of 18 you were going around attacking people... At 21 I was sitting at my dad’s bedside for 10 days before his life support was turned off."
He then told how he heard his dad take his last breath and said he wasn’t sure if his father heard his last words to him. Ryan added: "I’ll never be able to do the things you do with your dad, like have a pint with him at the pub... Most importantly, I'll never be able to give him a hug and tell him I love him. These memories are what make life worth living."
Tony’s brother John Kelly also told of the devastating moment the family turned his life support off. He said many of the family had dialled in from Ireland to say their goodbyes.
John said: "The hardest thing we've ever had to do... We feel for your parents because they have to live knowing what their son is capable of.
"What you did will be with you for the rest of your life, you will never escape it."
And Tony’s ex-wife Geraldine Clarke said she would never have the opportunity to reconcile her friendship with him.
She said: "All because you wanted to be the hero in front of your peers... he died thinking I hated him."
Crown prosecutor Mitchell McClenaghan said CCTV footage of the assault and the sound of Kelly’s head hitting the pavement after the attack was "utterly chilling". He said that a sentence of imprisonment was the only appropriate outcome.
Nagel’s lawyer Trudi Aickin extended her condolences to Kelly’s family, and added that her client was "truly sorry". She said: "He is focused on changing himself".
When sentencing him Justice Dunningham said: "You’ve got choices, that’s not something your victim has, that’s something you’ve taken away from him... Do something worthwhile in your life."
Speaking yesterday, Detective Senior Sergeant Colin Bailie said: "This afternoon, Mark Nagel was sentenced following a manslaughter conviction for the death of a much-loved father and brother, Tony Kelly.
"Mr Kelly will be desperately missed, and our thoughts are with the family at this difficult time.
"The victim impact statements read during the proceedings reflect the deep loss felt following Mr Kelly’s death and were especially moving.
"Police would like to acknowledge the investigation team who worked diligently on this case and again reiterate our sympathies to the family of Mr Kelly."
A statement released on behalf of the family said: "Today we stand here almost a year to the day on which Tony was callously attacked, and subsequently lost his life.
"We remember Tony, a loved Father, loved brother & brother-in-law, loved Uncle, loved Family member, loved and respected by all whom he met and interacted with.
"His Irish charm touched many a life."
It added: "Tony was not a man you met every day and you cherished his friendship, one who gave to others unselfishly, having the craic with Tony is one thing that is sorely missed."
The attack took place on Cashel St in Christchurch at about 6.20pm on October 18, 2022. Nagel and Tony, who had lived in New Zealand for a number of years, did not know each other.
The killer assumed Tony was taking pictures of him and his associates - but no evidence supporting this claim has ever been found.
On the night the assault took place, Tony was at the central Christchurch bus interchange. Security asked him to leave. He walked to Cashel Mall and was followed by a gang including Nagel.
They approached Tony who tried to walk away. One of the gang then walked right up to him and Tony threw a punch in self defence.
The gang member reapproached Tony and kicked him in the shin. At the same time, Nagel walked towards Tony who was facing the other gang member.
He got close to the victim and performed a martial arts-style kick which struck Tony in the head. The Kildare man lost consciousness and fell to the ground and hit his head on the pavement.
Members of the public performed CPR until the emergency services responded.
He passed away from his injuries on October 28.
For all the latest news from Dublin and surrounding areas visit our homepage.
Join our Dublin Live breaking news service on WhatsApp. Click this link to receive your daily dose of Dublin Live content. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don’t like our community, you can check out any time you like. If you’re curious, you can read our Privacy Notice.