An ex-soldier who severely beat the mother of his two children has dropped an appeal against an award of €150,000 damages for assault and battery.
Jessica Bowes begged for her life during the “merciless” attack by Jonathan McSherry (36), formerly of Cedarbrook Walk, Cherry Orchard, Dublin, who served 22 months of a 3½ year sentence for the attack in December 2015.
Ms Bowes was attacked after arriving home from a Christmas night out where McSherry was waiting for her.
Footage of the attack, played in Dublin Circuit Criminal Court, showed McSherry punching Ms Bowes to the ground, kicking her a number of times and then dragging her along the ground while continuing to punch her. She lost consciousness twice during what she described as a merciless attack and thought she was going to die.
There were fractures to her skull, eye sockets and cheek bone. The imprint of a shoe was left on her face and there were boot marks under her chin.
In a civil action for damages brought by Ms Bowes, McSherry apologised and accepted that he broke nearly every bone in his former partner’s face.
It was argued on McSherry’s behalf that in the immediate aftermath of the assault Ms Bowes was examined and showed no evidence of cognitive loss. It was also stated that he had to leave the army after the attack and had begun his own business.
He complained that because he had been in the eye of the media over the attack no one would employ him. He agreed that he owned an apartment Cavan, which he had transferred into his mother’s name in 2017, and another property, also in Cavan.
The High Court accordingly awarded Ms Bowes €150,000 damages.
McSherry was due to appeal against the award for damages in the Court of Appeal today/yesterday(TUESDAY). However, before the case came on for hearing, the three-judge court was told the former soldier was withdrawing his appeal.
Counsel for Ms Bowes, Patricia Dillon SC, said McSherry had lodged an appeal against the assessment of damages for “assault and battery” but upon advices that he had received, he now wished to withdraw his appeal.
When asked by Mr Justice John Edwards whether he was happy for the case to be withdrawn, McSherry nodded his head.
Mr Justice Edwards, who sat with Ms Justice Isobel Kennedy and Ms Justice Aileen Donnelly, awarded legal costs against him, on foot of an application by Ms Dillon.
McSherry, who was wearing a grey coat, dark trousers and brown shoes, was accompanied in court by a woman and a solicitor.