This article is from page 12 of the 2006-05-23 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 12 JPG
TWO brothers who “set upon” and beat a young Ennis man have been handed suspended jail sentences and ordered to pay €5,000 each to the victim.
Gerard O’Brien (30), of Frenchcourt, Clonroad, Ennis, and John O’Brien (27), of St Michael’s Villas, Ennis, pleaded guilty to assaulting Stuart Daly, causing him harm, on the Watery Road, Ennis, on February 27, 2005.
Garda Stephen Hession told Ennis Circuit Court that gardaí received a call in the early hours of the morning and, as a result, went to a house on the Watery Road.
Stuart Daly, of Clancy Park, Ennis, was lying on the couch and was in a “considerable amount of pain,” having sustained serious leg injuries and scrapes to the face. Daly told gardaí that a bar was used in the assault.
Garda Hession said it was alleged that Daly and another man had been accused of scraping a jeep some hours before the assault.
“They alleged as a result of this, Mr Daly had suffered a beating,” he said.
Gerard O’Brien’s barrister, Michael Fitzgibbon, said his client ended up in a situation that “spiralled out of control.”
He said O’Brien, a self-employed tiler, had never been in trouble before.
He handed a number of testimonials in to the court, in support of his client, one of which was from Fianna Fáil TD Tony Killeen.
John O’Brien’s barrister, Mark Nicholas, said his client left school early and has worked since, as a plasterer.
Referring to the allegations that a bar was used in the assault, Mr Nicholas said, “No bar was found.”
“If this court is of the mind to give him a chance, the chance will be taken,” said Mr Nicholas.
Both barristers said their clients had €5,000 each in court, as a sign of their remorse.
Judge Con Murphy said the circumstances were exactly the same in both cases.
“Gerard and John O’Brien set up Mr Daly, the victim. He was very seriously cut and bones broken. The victim was on his own and was effectively ambushed by the two accused,” he said.
He took into account that both cooperated with gardai and pleaded guilty.
He imposed two-year jail terms on each, suspended for two years, on condition that they entered bonds to keep the peace. He directed that €5,000 be paid by both to the victim.