Man jailed for unprovoked assault on another man with a fire extinguisher

By Eimear Dodd and Fiona Ferguson

A man hit in the face with a fire extinguisher in an unprovoked assault was diagnosed nine days later with a serious head injury, a court has heard.

The Ukrainian man in his late 50s was knocked unconscious when he was assaulted by Vasyl Bolotnykov (57) at the Ballyogan Regional Temporary Rest Centre in Dublin on March 31st 2023.

Bolotnykov, also a Ukrainian national and formerly resident at the Ballyogan centre, was on Friday sentenced to six and a half years for the assault.

The victim was taken to hospital by ambulance and treated for chest pain and a cut to his head.

Dublin Circuit Criminal Court heard the man returned later that morning to the centre as he did not want to miss his transfer to new accommodation.

He was moved to a centre in Co Roscommon, where he was reported to be extremely quiet and appeared to be in pain. He was taken to a local clinic on April 4th and monitored by a hospital in Co Galway the same day.

He was found unconscious in his room five days later and was taken to Mullingar Hospital before being transferred to Beaumont Hospital.

It was only at this point that a brain scan was carried out, which found multiple brain bleeds and a skull fracture from his left eye socket through several bones towards his ear and the back of his head.

He required surgery and spent eight weeks in intensive care.

Bolotnykov pleaded guilty to assault causing serious harm and production of an article capable of inflicting serious injury - a fire extinguisher - in the course of a dispute.

Dublin Circuit Criminal Court heard there was no prior connection between the men and no motive for the unprovoked attack.

On Friday, Judge Martina Baxter said the assault was “ferocious” in nature, with the accused using a fire extinguisher as a weapon against an unarmed man, who had been taken by surprise as he was walking to the bathroom.

She said he had no time to put his arms up to defend himself, instead taking the full impact on his skull. She noted the force of the impact had “lifted him off his feet.”

Judge Baxter said the long-term residual effects of the injuries would remain with him for the rest of his life. She noted he could no longer work independently and had difficulties with balance.

The judge said aggravating factors included the unprovoked nature of the attack, the use of a weapon and the severity of the injuries inflicted. She noted there was “limited evidence of remorse” and said the accused had left the country for a period after the incident.

She said custody is usually more difficult for a person in a foreign country, as they are normally separated from their families, but said the accused was well supported by family in Ireland.

Judge Baxter said the headline sentence was eight years imprisonment, but imposed a sentence of six-and-a-half years after taking account of the accused’s guilty plea and absence of previous convictions.

The court heard the injured party has made a good recovery but has ongoing issues, including short-term memory, concentration and tiredness.

At an earlier hearing, Judge Baxter said the court found it “very disturbing” that a brain scan of the injured party did not take place until nine days after the assault.

Detective Garda Declan O’Connor previously told Shaun Smith BL, prosecuting, that Bolotnykov arrived in the jurisdiction in mid-March and said he was looking for his wife.

The court was told it appeared that his family arrived 24 hours earlier and were moving through the process ahead of him.

Bolotnykov was moved to the centre the day after his family had been moved on. He was seen by staff acting strangely, pacing the corridors and shouting for no apparent reason.

A security guard saw Bolotnykov screaming and wandering the corridors in the early hours of March 31.

He told gardai he saw Bolotnykov swing the fire extinguisher at the injured party, hitting him in the face or head. The victim had left his room to go to the bathroom, and he fell to the ground after being assaulted.

The security guard confronted Bolotnykov, who swung the fire extinguisher at him while shouting in Ukrainian in an agitated manner.

The security guard and another staff member managed to get the fire extinguisher and told Bolotnykov to lie on the ground, which he did.

Bolotnykov has no previous convictions here or in Ukraine.

In a victim impact statement, the injured party said it upsets him that he is no longer able to work.

He said he feels anxious, has lost confidence and tries to hide that side of his face when he speaks to people.

He said he finds it difficult to understand why this happened and knew nothing of his attacker, which “even today troubles me”.

He said his co-ordination and mobility have been affected. He said he is on edge and worried about something similar happening again.

“I do not hate the man who did this. In my heart, I try to keep only patience and love. God will be his judge, not me”.

Bolotnykov left the jurisdiction after being charged and went into custody last September after he was identified following his return.

Det Gda O’Connor told Carol Doherty BL, defending, that he was not aware that her client had returned to Ukraine to care for a dying relative before returning here.

He told the court that other police forces helped to track Bolotnykov’s movements west through Europe before his return to Ireland.

The witness agreed with Ms Doherty that no reason was given to gardai for the assault and that it appears to be an anomaly.

It was further accepted that Bolotnykov’s behaviour was erratic on the night and that a witness said he appeared to think his family were being kept from him.

Det Gda O’Connor said it is his belief that Bolotnykov is of sound mind, adding that he claimed to have argued with the injured party earlier in the day and that the injured party started knocking on doors looking for him after taking alcohol.

The garda said this is not corroborated by other witness statements, and the injured party does not appear to have been drinking.