Tipperary man, 59, is jailed for 'outrageous assault' that left victims needing treatment
A 59-year-old man who waited outside his victims’ home before committing assault causing harm has been jailed for two years by Judge Catherine Staines at Nenagh Circuit Criminal Court.
However, the judge suspended the final 18 months of the sentence.
Oliver Carroll, of Knock, Roscrea, pleaded to two counts of assault causing harm at Timony, Knock, Roscrea, on July 24, 2022.
Garda Kieran Young outlined the background to the assaults saying he had gone to the home of the victims, Keith Noonan and Megan Monahan, where they had explained to him what had happened.
The victims said that they had been in the Knock Inn pub that evening and music was being played through the sound system.
Garda Young explained that that music system allowed individual people to choose what songs would be played through their phones.
The injured parties told him that Mr Carroll had chosen songs to be played and Ms Monahan had not been not overly happy with his choice and asked him if he would “put on something better”.
Garda Young said that Ms Monahan told him that Mr Carroll had told her to “shut up”, and that she was “only a blow-in”.
Words had been exchanged and Mr Noonan came out and tried to calm things by suggesting he would buy Mr Carroll a pint.
However, on the way back into the bar, Mr Noonan was hit by Mr Carroll. The blow had missed Mr Noonan’s face but caught him on the ear.
Mr Noonan had hit Mr Carroll, but claimed it had been in self-defence.
The altercation had been witnessed by others and Mr Carroll was taken out of the pub. Mr Carroll later texted a number of people who had been in the pub saying: “I’m going to kill him later”, Garda Young told the court.
The injured parties arrived home between 10.30pm and 10.45pm having got a lift from a member of the bar staff.
They were inside their home for a few minutes when there was a knock on the door and Mr Carroll was outside.
Garda Young said they tried to keep Mr Carroll out of the house but he entered and knocked Mr Noonan to the ground.
The couple eventually got Mr Carroll out of the hallway but he drew a kick at the front door and drove it back in. Mr Carroll pulled Mr Noonan on to the gravel outside and assaulted him. CCTV of the assault was shown in court.
The court was also shown CCTV from earlier in the evening when, at around 9.10pm, a white van driven by Mr Carroll pulled up outside the house and waited for around 90 minutes before the injured parties arrived home.
Garda Young said that Mr Noonan and Ms Monahan were brought to Portlaoise Hospital where an examination showed Ms Monahan had injuries to her left hand. An unrelated hospital visit later showed she had a fractured finger.
Mr Noonan had no broken bones but his face was cut and bruised and he had an injury to his shoulder.
Garda Young said that Mr Carroll was subsequently arrested and in his first interview had said that he had acted in self-defence but when shown the CCTV coverage had refused to answer any further questions. He had also refused to answer any questions at a second interview.
Garda Young read out victim impact statements from both injured parties to the court.
In her statement, Ms Monahan said that she had suffered pain and damage to her fingers which had to be strapped up and she had to take time off work.
She said that she still had nightmares and was scared and in pain.
Ms Monahan said that images of Mr Noonan being beaten over and over still flashed through her mind and she will not stay in the house on her own.
She said that one evening a car pulled up and she fled the house screaming while in her pyjamas only to discover it was Mr Noonan arriving home in a neighbour’s car.
She said the incident had changed her life and both she and Mr Noonan didn’t socialise in the pub anymore.
She said she had become cautious and anxious and was stressed a lot of the time.
Garda Young told the court that Ms Monahan had spent €150 on medical bills, had lost wages of €457 and her phone, costing €300, had been damaged.
In his statement, Mr Noonan said that he had suffered swelling to his head, cuts to his lips, nose, eye, chest and knee. Soft tissue damage had shown up on a brain scan.
He said that he had been unable to sit, stand or walk for one week after the assault and had to take a week off work.
In his statement, Mr Noonan said that he had suffered physically and emotionally. He had been diagnosed previously with pre-diabetes but since the attack his sugar levels had soared and he was now a full-blown diabetic.
He said he suffered from fear that it might happen again and he suffered grief because he had been unable to help his partner.
He said that he was anxious and checked the back of the house to make sure no one was there.
He described the assault as a “cruel event”.
Mr Noonan said that the house held “sentimental value” for him as it had been his mother’s home.
“To be pulled out of your home and beaten changes your life drastically,” he said in his statement.
Mr Noonan said that they had had a lovely, friendly social life but they didn’t go to the pub anymore because they felt uncomfortable there and Mr Carroll was there.
“We have lost friends,” he said in the statement.
The court heard Mr Noonan had expenses totaling €730 as a result of the assault.
Cross-examined by Bill O’Brien, BL, for Mr Carroll, Garda Young agreed that it was only after Ms Monahan had attended the hospital for an unrelated matter that the fracture to her finger had been detected.
Garda Young agreed that Mr Carroll had no previous convictions and had not come to Garda attention since the assaults.
Mr O’Brien said that Mr Carroll accepted that his behaviour had been “outrageous”.
He said there was a difference of opinion over what had happened in the pub that evening.
However, said Mr O’Brien, it had been a “violent assault and not self-defence”.
He said Mr Carroll had been annoyed with Mr Noonan and, unfortunately, Ms Monahan had “paid the price coming to his rescue”.
“He is deeply ashamed of what he did and deeply apologises,” said Mr O’Brien.
He said Mr Carroll was separated and his three grown-up children were in court to support him.
Mr Carroll, who earns €670 nett per month, was paying a mortgage and had a contract with Coillte until 2026.
“He has €10,000 in court by way of compensation,” Mr O’Brien told the court.
Mr O’Brien handed a number of testimonials written on behalf of Mr Carroll into the court.
In one testimonial, the owner of the Knock Inn, Mr Colclough, said that he had known Mr Carroll for 30 years and he was a “great friend and family man who loved the GAA and was always ready to lend a hand”.
Knock GAA Club described Mr Carroll as having been “pivotal” in re-establishing the club and urged that his contribution to the community be taken into consideration.
They said Mr Carroll was a great fundraiser for the club, was a former player and they believed him to be an asset to the club.
Coillte said Mr Carroll had been in contact with them since 1997 and they hoped it could continue until 2026.
Counsellor Eileen Kennedy said Mr Carroll had attended her for anger / stress management and he was ashamed at what had happened.
“Goodness knows what was going on in his head on the night,” said Mr O’Brien. “It was a catastrophic error of judgment and he behaved in an outrageous, violent manner.”
Appealing for a non-custodial sentence, Mr O’Brien pointed out that “work might not get done and the mortgage might not get paid”.
Judge Staines asked if the injured parties accepted Mr Carroll’s apology, and Garda Younge said that they didn’t.
Judge Staines said that what had happened had been “extremely frightening and outrageous”.
She said the assault had been pre-meditated in that Mr Carroll had gone to the house and waited for 90 minutes.
However, in his favour, Mr Carroll had pleaded at an early stage, had no previous convictions and had not come to Garda attention since.
Judge Staines jailed Mr Carroll for two years on one charge of assault causing harm, but suspended the final 18 months on conditions Mr Carroll entered a bond to keep the peace for two years on his release.
She took a second charge of assault causing harm into account
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