Co. Tipperary man receives five year suspended jail sentence for assaulting two men in Cashel

A 36 year-old Cashel man received a five year suspended jail sentence at Clonmel Circuit Court for assaulting and harming two men in separate incidents at a pub and shop in his hometown. 

Judge Tom Teehan suspended the two and three year jail terms he imposed on Gian Carlo Rea for five years on condition he abide by a series of conditions ranging from attending anger management counselling to refraining from taking alcohol and drugs and  staying out of pubs over the next five years. 

Mr Rea from 67 Caiseal na Rí, Cashel pleaded guilty at the circuit court's latest session to assaulting and harming Tommy Moloney at McCarthy's Pub at Main St., Cashel on March 17, 2016 and assaulting and harming Donal Hanley at Ely's Centre, Main St., Cashel on December 26, 2017. 

Gda. Louise Lordan said Tommy Moloney was socialising in Cashel and went to McCarthy's Bar where Gian Carlo Rea was working as a security guard. There was a history of difficulties between the two men and an altercation occurred in the bar. Mr Moloney reported he was assaulted though he accepted making certain comments to Mr Rea. 

He suffered a cut to his upper lip and injuries to two of his teeth, which were partially extruded.  The defendant alleged he was assaulted. There was disagreement among the people in the vicinity of the incident over what happened. Some blamed Mr Rea while others blamed Mr Moloney. 

Gda. Lordan showed photos of the injuries Mr Moloney suffered to Judge Teehan. She said Mr Moloney didn't wish to attend court for the hearing and declined to make a victim impact statement. 

In relation to the second incident, Gda. Lordan outlined that Gda. Pamela Dunne was called to Ely's Centra  where she met Donal Hanley, who was standing outside the shop. 

He told her he was assaulted inside the shop by a man who wasn't known to him.  Mr Hanly was struck in the face and he was bruised. He informed her the suspect approached him in a rage accusing him of cutting him off on the road. 

CCTV footage from the shop showed Gian Carlo Rea punching Mr Hanley, who fell to the ground but there was no audio available. The defendant then immediately left the shop.  When Mr Rea was arrested he maintained he wasn't in his full mind at the time due medication he was taking. 

Mr Hanley's victim impact statement was read to the court by Gda. Lordan and he attended the court hearing. The statement outlined how the incident impacted on his self confidence and caused a lot of disruption to his life.  He said he bore no malice towards the defendant and wished him the best but suggested he replace his anger. 

The court heard that after the assault, Mr Hanley went to Caredoc and he was referred to a hospital emergency department because he had concussion. 

Gda. Lordan said Mr Rea had 19 previous convictions for offences ranging from possession of a flick knife, assault and public order breaches to dangerous driving, drink driving, driving without insurance and driving while disqualified. 

Defence barrister Suzanne Gorey said Mr Rea's offer to pay Mr Moloney's medical expenses was refused but her client was now offering again to pay him €500 compensation. 

She read Mr Rea's letters of apology to Mr Moloney and Mr Hanley to the court in which he pledged the two men had nothing to fear from him in the future. Mr Rea also went into the witness box and expressed his shame and embarrassment over his behaviour and reiterated his apologies.  

In his letter to Mr Moloney, Mr Rea explained a close relative of his took his own life two months prior to the incident and he was not in his right mind at the time. He said he was "totally embarassed" by what happened and expressed the hope they could put this behind them. 

In his letter to Mr Hanley, Mr Rea stated his behaviour was "completely uncalled for" and he was deeply sorry for the way it made Mr Hanley feel. Reflecting back, Mr Rea maintained he was not in his right frame of mind because of the medication he was on at the time. 

In the witness box, Mr Rea said he was a little taken aback that Mr Hanley was willing to put this aside and move forward. He was so sorry for the anxiety he brought on him and offered to shake his hand and talk to him after the court hearing.  If ever he saw Mr Hanley in Cashel, he said he would salute him but understod if Mr Hanley didn't want to salute him back. 

Ms Gorey said Mr Rea had a long history of mental health and addiction problems. He successfully completed an alcohol abuse rehabilitation programme  and was sober for a long number of years. He also overcame a dependency on medication.  

She presented to the court a letter from a consultant psychiatrist indicating her client's difficulties were consistent with ADHD, one of the symptoms of which was a tendency to act on impulse. 

She said after the second assault incident, Mr Rea attended his GP as he realised something was wrong with the medication he was on.  He was started on a different course of medication. 

Gda. Lordan told the court she had noticed a considerable difference in Mr Rea over the past 12 months.

 "He is less volatile and is much calmer. Previously he would be quite aggressive and jumpy. He is now on a different combination of drugs and is a considerably different person." 

She agreed Mr Rea hadn't come to the attention of the gardai since December, 2017. When asked by Ms Gorey whether a suspended sentence would be a suitable penalty, Gda Lordan said she believed it would benefit him but there would have to be a considerable amount of conditions attached. 

"He is doing well now. It would be a pity to see him going backwards again if he went to prison,” she said.   

Judge Teehan said Mr Hanley, who was a totally innocent victim,  displayed an extraordinary Christian attitude towards the defendant.  The situation with Mr Moloney was somewhat more complex. It may be that some small level of blame was attached to him but whatever happened it was Mr Rea who struck the blows to Mr Moloney. 

It was quite inexcusable certainly from someone who was in the pub in that capacity (as a security guard). 

The Judge  noted Mr Rea had taken measures in the past to turn his life around but came back and committed offences including these assaults, which he regarded as being in the middle range of the scale of gravity. 

On the other hand, Judge Teehan said the defendant took  "impressive steps" to deal with his addiction problems and he was hugely impressed by Gda. Lordan's evidence that she has noted a profound change in him. 

He imposed a two year jail sentence for the assault on Mr Moloney and consecutive three year jail sentence for the assault on Mr Hanley and suspended the entire five year sentence on condition Mr Rea keep the peace and be of good behaviour over the next five years. 

The Judge also stipulated that Mr Rea refrain from ingesting alcohol or illegal drugs; engage with the Probation Service; continue to engage with anger management counselling for two years and with medical and psychiatric services. 

He directed the defendant to immediately contact his doctor in relation to his treatment if he noticed a change in his behaviour and also to stay away from public houses over the next five years.