Popular Milford venue: Circles Nightclub (Now The Basement)

MARK TIERNEY has been awarded what he and lawyers see as fair compensation eight years on from a near-lethal assault, which left him severely brain damaged.

On the evening of December 2 2007 Mark Tierney was in Circles Nightclub, Milford Haven, and later that night he was involved in an incident with Christopher John Freeman, formerly from the town, who was said to have assaulted him using a vodka bottle, which caused the lifechanging injuries.

During court proceedings which followed, Freeman denied that he had used the bottle as a weapon and also pleaded not guilty to charges of attempted murder, grievous bodily harm with intent and causing GBH without intending to do so. However, he admitted to having offered the Circles nightclub manager £5,000 to delete video recordings of him coming and going from the premises.

THE EVIDENCE

Freeman claimed that the attack had taken place while he was walking home to his flat in the centre of the town, and said that he was first attacked by Mr Tierney, a point that was greatly contested by the prosecution.

The manager of Circles, Chris Thomas, told the court that, after the attack, a bouncer followed Freeman into the gents, where he saw two men with mobile phones in a cubicle and overheard a man saying that he needed to leave Wales that night as he thought he had killed Tierney.

The other man who was in the stall with Freeman, Mr Julian Walker, was also in court being accused of arranging for Freeman’s clothes to be washed in order to remove any forensic evidence. He denied a charge of undertaking an act tending to pervert the course of justice.

The prosecution said that, although Walker was not involved in the attack, he knew that Freeman had unlawfully assaulted someone.

During the attack Tierney sustained a severe, traumatic brain injury which means that he requires lifelong care.

Represented by law firm Hugh James, Mark was involved in an arduous eight year battle before he was finally awarded compensation for the ‘serious nature’ of his injuries and significant loss of earnings.

Mark Tierney, was formerly a pipe fitter from Barry, and had been working in Milford Haven. He was out socialising with friends and colleagues before the brutal assault took place during the early hours of the morning.

NO RECOLLECTION

The injuries Mark sustained were ‘so severe’ that he has no recollection of the incident.

He was found lying unconscious on his back by a passer-by in the street after the incident.

After being rushed to hospital he was treated at the Intensive Care Unit at Withybush Hospital for two weeks, and remained in a coma for a further four.

His level of consciousness was recorded as being 3/15 on the Glasgow coma scale (indicating deep unconsciousness) and CT scans revealed a left side scalp haematoma, nasal fracture and swelling of the brain.

Since then, Mark has suffered ongoing cognitive problems, intellectual deficit, behavioural problems, poor balance, speech and language difficulties.

As a result, his 25 year relationship with his partner completely broke down; he is unable to return to work and now requires care and support, which is provided by his three daughters.

Speaking about the incident, Mark said: “The attack has had a huge effect on my family. My youngest daughter, who was only ten years old at the time of the assault, was really affected by what happened to me and then also had to deal with the break-up of my marriage to her mum.

“On a personal level the attack has completely changed how I live my life. Before the attack I was very active, not only in my job but I regularly enjoyed having a kick around playing football which I will never be able to do again. Financially the attack has affected the whole family as I am no longer able to work and support my family.”

CARDIFF LAW FIRM

In 2008, Cardiff-based law firm Hugh James were appointed to represent Mark and his lawyers immediately made an application to the Criminal Injuries Compensation Authority (CICA). In 2010 Hugh James challenged the CICA when they stated that Mark was not eligible to receive an award on the basis that they considered that he had provoked the assault.

However after his lawyers obtained evidence to challenge this, Mark was deemed eligible to receive an award in principle. Hugh James also obtained two interim payments to ease the financial stress on Mark and his family whilst the case was ongoing.

INITIAL OFFER REJECTED

In 2014, the CICA made a monetary offer to settle the claim but due to the seriousness of his injuries and lifelong loss of earnings, specialist solicitors Hugh James advised Mark to reject the offer on the basis that his claim was worth significantly more.

Cari Sowden-Taylor, a Senior Associate from Hugh James’ Neurolaw team, explained: “Having pursued many CICA brain injury cases and assessing the true value of the claim we were able to advise Mark that we felt that the first offer from the CICA was low in light of the injuries he’d sustained and the financial losses he’d incurred as was likely to incur in the future.

“We therefore advised Mark to request a review of the decision but the CICA remained of the opinion that their offer was reasonable.

“Comprehensive evidence was therefore obtained and submitted to CICA in accordance with the appeal process and the matter was then referred to an independent tribunal panel who agreed with our arguments and as a result Mark was awarded nearly three times the amount that CICA offered him.

“We are delighted with the outcome for Mark and his family and feel that they have finally received some justice since the assault eight years ago.”

CRIMINAL CASE

Christopher Freeman, 37 at the time in May 2008, was cleared of more serious, alternative charges of attempted murder and inflicting GBH with intent.

Freeman, who had previous convictions for violence, was jailed for five years, of which he must serve a minimum of three and a half years behind bars.

The jury at Swansea Crown Court cleared fellow LNG worker Julian Walker, 36, of Rectory Avenue, Hakin, of doing an act tending to pervert the course of justice.

He was accused of arranging for Freeman’s clothes to be washed in order to remove any forensic evidence, knowing that Freeman had assaulted someone.

A third man, Peter Harll, 21, of St Ann’s Road, Milford Haven, had already pleaded guilty to carrying out an act tending to pervert the course of justice by washing Freeman’s clothes. He was jailed for eight months.

For legal reasons the amount of the compensation settlement cannot be revealed.