Accused man attacked in Nenagh

A father and son appeared before Nenagh District Court recently after they attacked a man awaiting trial.

Daniel O’Brien senior (67) and Daniel O’Brien junior (32), both of St Joseph’s Park, Nenagh, pleaded guilty to assault on the Borrisokane Road on August 11, 2024. The court heard that the injured party was “set upon” by the two defendants with a baseball bat and wheel brace. He was struck and kicked, sustaining bruising to his arms and legs.

The incident was not captured on CCTV. The injured party ran away and into the Tesco supermarket.

The defendants were subsequently arrested and made admissions. Daniel O’Brien junior said he had been “assisting” his father in the incident.

His solicitor, Ian McNamara, told the court that there was a background to the incident involving the death of Mr O’Brien’s grandmother. The injured party, who was now in Limerick Prison, was before the courts in relation to her death.

Mr McNamara said the O’Briens had been advised at the time of the offence in question that they could not expect to see the accused in Nenagh. They were “shocked and surprised” to see him that day.

Solicitor Johnny Spencer, representing Daniel O’Brien senior, said the court would be aware of the circumstances surrounding the incident. “Emotions were running very high that day,” Mr Spencer said, adding that the present was a stressful time for the O’Brien family with the impending trial of the injured party.

‘TENSION’ IN NENAGH

Judge Marie Keane said it was obvious that feelings between the injured party and the defendants in this case were “high in the extreme” at the time. “There was a lot of tension in the general locality in relation to this matter,” the judge recalled.

However, she added: “The use of violence against another person – no matter what the circumstances – cannot be justified.”

While there may have been “extenuating circumstances in this case”, Judge Keane made it clear that “violence in public, or any venue, will not be tolerated by this court”.

The judge sought a contribution from the defendants to an organisation that worked with victims of violence. Mr McNamara suggested a €300 donation. He sought for the matter to be dismissed under Section 1(1) of the Probation of Offenders Act without the recording of a conviction, in circumstances where the Restorative Justice in the Community programme could not be availed of.

Judge Keane said restorative justice was not possible “given the nature of the injured party”. She directed that the donations be paid to the Ascend domestic abuse service in Nenagh and applied the Act as requested.