Tipperary assault: One jailed and two given suspended sentences over late-night attack

One man has been jailed and two others given suspended sentences by Nenagh Circuit Court over an assault near Roscrea five years ago.

Brian Kirby of 3 Hawthorn Way, Esker Hills, Portlaoise; Patrick O’Halloran of 4 Long Orchard, Templetuohy, and Seamus Carroll of Dareen, Clonmore, Templemore, had all pleaded guilty to assault causing harm to Dion O’Connell in the early hours of December 22, 2017, at Wallstown, Roscrea.

The court was told by Sgt Baker, Templemore Garda station, that there had been a previous incident which was still before the district court, but that Mr O’Connell in a statement after the assault had told gardaí that on December 21 he heard a noise outside his mobile home and saw flickering lights coming towards it.

He grabbed a phone and a hatchet but had no time to ring the gardaí.

Following a scuffle all three made their way into the mobile home.

Mr O’Connell hit Mr Kirby on the head with the hatchet but then Mr O’Connell was attacked by Mr Kirby with a hurley.

Mr O’Halloran punched and hit Mr O’Connell and Mr Carroll punched Mr O’Connell while trying to get Mr Kirby away from the injured party.

Mr O’Connell eventually got away and escaped through the fields and rang the gardaí.

Mr O’Connell suffered lacerations to the head, right ear, the middle finger of his left hand, and his right arm, with other lacerations and bruising to his body.

Mr Kirby had a laceration to the head and left hand.

Sgt Baker read Mr O’Connell’s victim impact statement to the court in which Mr O’Connell said that since the incident he had not been able to get to sleep until it was light outside and that he would spend his hours staring out listening for every sound.

He feared the assault might happen again and was fearful if out late after dark.

“It took me four days to recover in hospital from serious injuries,” Mr O’Connell said in his statement.

He recalled that his clothes had to be cut from him in the ambulance and a neighbour had to bring fresh clothing to him.

He had received 30 stitches to his head and ear and his head had swollen up like a beach ball.

“The problem is it is always in the back of your head that it could happen again,” said Mr O’Connell.

Sgt Baker told the court that none of the accused had been before the court since.

Neither Mr O’Halloran nor Mr Carroll had any previous convictions, but Mr Kirby had three, including one for assault.

Sgt Baker agreed with Colman Cody, SC, for Mr Kirby, that there had been an incident three days earlier.

Sgt Baker agreed with Michael J Durack, SC, for Mr O’Halloran that the defendant’s judgment would have been impaired by alcohol and that he had thought he was going to frighten Mr O’Connell.

Mr Durack said his client regretted what had happened but he had not brought any weapon.

Sgt Baker agreed and also agreed Mr O’Halloran had not been known previously to the gadraí.

John O’Kelly, SC, for Mr Carroll, outlined that his client had gone drinking when his workplace finished up for Christmas and had later gone back to Mr Kirby’s house.

Sgt Baker agreed Mr Carroll’s involvement had been marginal and that there was no ongoing drink problem.

Mr O’Kelly outlined that Mr Carroll had left school after third year but had been working since in a glassmaking company.

Mr Kirby, 46, in his direct evidence to the court, said that the assault had cost him his marriage and he now had no contact with his children. He had since stopped drinking and was seeing a counsellor. He no longer lived in the Roscrea area and had moved to Portlaoise.

“I can’t apologise enough to Mr O’Connell,” he said.

He told Mr Cody that he had been under stress at the time and had allowed his judgment to be “blinded by rage”.

Mr Cody said that Mr Kirby had not only “taken the law into his own hands”, but had brought an implement with him, and that had led to him being before the court facing a custodial sentence.

Mr Cody said that his client, despite his previous convictions, was not a criminal and had made efforts to rehabilitate his life.
drink

Mr Durack said that Mr O’Halloran was 24 years oldat the time and the incident had taken place after a lot of drink had been consumed.

Mr O’Halloran had believed he was going to frighten Mr O’Connell and had tried to take the hatchet away from Mr O’Connell.

Mr O’Halloran had left school at 16 years of age but had later returned to do the Leaving Cert Applied and was constantly employed.

Mr O’Kelly said that Mr Carroll, who is 27 years old, had gone to the pub with Mr O’Halloran and Mr Kirby and then went back to Mr Kirby’s house.

“He accepts that he should not have got involved. He didn’t even know the background,” said Mr O’Kelly.

Judge Quinn said that the aggravating factors were that Mr O’Connell had been assaulted in his own home in an assault that had been pre-planned by Mr Kirby. However, he took early guilty pleas and co-operation with the gardaí into account.

Judge Quinn jailed Mr Kirby for two years, suspending the final 12 months for one year in his own bond of €200 on condition that he keep the peace and stay under the probation services for 12 months after his release.

He jailed Mr O’Halloran for 12 months, but suspended it for 12 months in his own bond of €200 and bound him to the peace.

Judge Quinn jailed Mr Carroll for nine months, but suspended the sentence for nine months in his own bond of €200 and ordered that Mr Carroll keep the peace.