Pair beat man 'into submission' over alleged debt

on 12/02/2013 00:00:00

At Ennis Circuit Court, Judge Gerald Keyes jailed Daniel O'Brien, aged 24, of The Square, Kilrush, Co Clare, and Martin O'Brien, aged 31, of Wood Rd, Kilrush, for the assault causing harm of Owen Hayes at Place de Plouzane, Kilrush, on Mar 1, 2011.

Judge Keyes said what took place was "a vicious assault".

He said Daniel O'Brien threatened Mr Hayes with a sharp object and then stabbed him in the buttocks.

Mr Hayes was "a helpless man beaten into submission. Ye only stopped when Mr Hayes pleaded with ye to stop and said that he would pay the debt," he said.

Judge Keyes said Daniel O'Brien had 25 previous convictions and had "displayed a violent temperament from an early age".

The judge said Martin O'Brien initially acted as peacemaker, but then proceeded to punch Mr Hayes in the face, and when he was on the ground hit the victim four times with a golf club and only stopped when he broke the club.
Judge Keyes said Martin O'Brien had a tendency to be violent, was reckless, and had limited self control.

The judge said there was an underlying viciousness to the assault and what took place showed the cowardly lengths to which the two O'Briens willing to go to frighten Mr Hayes into paying an alleged debt.

It was obvious Mr Hayes was severely traumatised by what occurred, he said.
Judge Keyes said that the only mitigating factor was that this was not a planned assault. He also noted the guilty pleas by the two accused to the offence.

The judge sentenced Daniel O'Brien to three years in jail, suspending 14 months taking into account two months served on remand.
Judge Keyes said Martin O'Brien had 35 previous convictions and had been a heroin user, while his recent marriage has had a stabilising effect on him. He sentenced him to three years, suspending 18 months,taking into account two months served on remand.