Nenagh Circuit Court: Two Tipperary brothers jailed for their part in separate Christmas assaults
Two brothers were jailed by Nenagh Circuit Court for separate assaults in the town in the run up to Christmas 2019.
Sgt Niall Tobin of Nenagh Garda station outlined two separate incidents that occurred on December 23 2019, one where Bob Maxwell, 29, committed an assault causing harm to another man at Woodview Close in the town, and another incident where his brother, Adam, 26, assaulted a male who later had to be hospitalised following an attack on him in Yewston.
Sgt Tobin said gardaí responded to a call at 4.40am arising from an incident that occurred in Woodview Close where the injured party Michael O’Brien was at home socialising with friends when Bob Maxwell and others called to the house and assaulted him after they were denied entry.
Mr O’Brien was forced to flee to the home of his aunt who lived nearby to try to escape his attackers, but Mr Maxwell and the others followed him and the assault continued there.
Mr O' Brien sustained bruising and cuts to his face and body.
Sgt Tobin said the motive for the assault was never full established. Bob Maxwell and Mr O’Brien were not well known to each other and the assault appeared to be unprovoked.
Separately, but on the same date, and shortly before midnight, three gardaí responded to reports of a fight in progress at the Maxwell home in Yewston.
Adam Maxwell was in a fight with Hughie Doyle, and his brother, Bob, was also present.
Mr Doyle sustained injuries and an ambulance took him to University Hospital Limerick after he alleged that Adam Maxwell had struck him with a weapon.
The court heard that both brothers produced an iron bar during the dispute in Yewston.
Mr Doyle sustained a fracture to his jaw and right hand.
Sgt Tobin said it was his understanding that Mr Doyle and the Maxwells had been friends but there had been a falling out for unknown reasons and a meeting had been arranged to address this issue.
Sgt Tobin said that the Maxwells could not be located when gardaí sought to arrest them in relation to the incidents over a week later.
Bob was eventually detained on January 16, 2020. He was interviewed on three occasions and denied any knowledge of the incidents in Woodview Close.
He said the the only reason he was at the separate incident in Yewston was to back up the fight involving his brother and Mr Doyle.
Adam Maxwell was arrested at Dublin Airport on January 19, 2020 while trying to board a flight to New York.
He was then interviewed at Nenagh Garda station and admitted fighting with Mr Doyle, but only in self defence.
Both brothers had been remand in custody arising from the incidents since January 2020.
Sgt Tobin said Adam Maxwell had 46 previous convictions and Bob Maxwell had 38.
The judge said he would take into account the fact that both defendants had a background in relation to drink and drugs.
He imposed a prison term of three years and nine months on Adam Maxwell for the assault on Mr Doyle and handed down a concurrent 18-month sentence for producing an article during the course of a dispute.
The sentences were backdate to February of this year to give the defendant credit for the time he had already spent on remand in custody.
The judge also noted that Adam Maxwell was currently serving a separate five-year sentence that the court heard was under appeal.
In relation to the assault causing harm to Mr O’Brien, Bob Maxwell was sentenced to two years in prison and was also handed down a concurrent 18-month sentence for producing an article during the course of a dispute.
The sentences were backdated to March 2021 to take into account of the time he has already spent on remand in prison.
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