Massive compensation ordered after early hours stabbing in Offaly kitchen


AN early hours stabbing in a kitchen near Clara has resulted in a man being ordered to pay €25,000 to the victim.
Tullamore Circuit Court heard that Glen O'Brien (37), Railway View, Clara stabbed Anthony Buckley in the neck and torso when a row broke out between them at Mr O'Brien's then residence at Kilmucklin on the night of July 31-August 1, 2021.
Mr O'Brien subsequently pleaded guilty at the earliest possible opportunity to assaulting Mr Buckley, causing him harm, and brought €5,000 in compensation with him when he appeared before Judge Keenan Johnson for a sentencing hearing.
The court heard that Mr O'Brien was in a relationship at the time with the victim's sister, Roseanne Buckley, and she was cooking dinner and had as guests Anthony Buckley, another sister Margaret Buckley, and the mothers of the accused and the Buckleys.
After dinner Mr O'Brien and the Buckleys got a taxi into Clara for drinks and the defendant's mother, Linda Kavanagh, stayed behind to babysit.
Sergeant Lucy McLoughlin told the court that the victim in a statement said that after they came back he and his sister Margaret went out to sit in a car and have a cigarette and a chat and they then heard Glen O'Brien shouting.
Mr Buckley went back into the house where Mr O'Brien, who was “riled up”, was saying people were making noise when the kids were asleep.
The two men started fighting and Mr Buckley remembered Glen coming at him and “It's a blank then”.
The next thing he remembered was his shirt was covered in blood and his sister was freaking out and blood was coming from his neck.
The next morning he knew there was a cut below his voicebox “but it didn't go fully through” and he had cuts to his torso and side.
Mr Buckley told gardai he didn't remember the accused with the knife, which Sergeant McLoughlin said was a Stanley blade.
The victim said everyone had been drinking, he was drunk himself, and he had nothing personal against Glen and didn't think he would do something like that.
The guards also obtained statements from Margaret and Roseanne Buckley and the former remembered Glen O'Brien picking up a blade and lunging at her brother. After the stabbing she recalled trying to apply pressure to her brother's throat.
Roseanne Buckley said she had been trying to get between the two men during the fight and at one point she got a nick to her left arm.
Linda Kavanagh, mother of Mr O'Brien, said she remembered the two girls trying to get Anthony Buckley out after he had come in and while there were punches thrown, she could not tell who threw the first one.
She recalled Glen saying he was going to get a knife and she stood at the drawer in his way but she did not see the small work knife he got from a window sill.
Kevin White, BL, prosecuting, said a consultant from Tullamore Hospital reported that the victim had a superficial laceration overlying his trachea, a one centimetre laceration overlying the left carotid artery, and some long superficial lacerations to his chest.
In his statement, Glen O'Brien admitted the stabbing in the kitchen, said he was upset because there were two small children in the house, said he needed to defend himself, and added that in hindsight he should have gone to bed instead of getting involved in the incident.
In a victim impact statement, Mr Buckley said he had trouble sleeping since the attack, slept with the light on, didn't feel safe in his own home and had anxiety and scars on his stomach which would never go away.
He had been out of work for three weeks, had to pay medical bills and the incident had put a huge strain on his whole family and they had not been as close since. Mr Buckley said his mental state had deteriorated and he felt jumpy in his sleep.
Replying to Colm Smyth, SC (instructed by Donal Farrelly, solicitor), Sergeant McLoughlin agreed Glen O'Brien had no previous convictions and had a responsible position with the HSE, and the employer had written ready letters of commendation for him.
Since the assault his partner has left him, and left with the children. Mr O'Brien had sought counselling himself and was still receiving it. He had not come under any adverse garda notice since.
Mr O'Brien read out an apology to Mr Buckley in court and agreed with defence counsel Mr Smyth that it could have been much worse and he could have been charged with manslaughter or murder.
He had stopped drinking, only had supervised access to his children, and had been told by the HSE that he would lose his store person job if he spent “one day in prison”.
He had volunteered with a local club and a reference said he did countless hours of work there. He had saved €5,000 out of his €2,000 monthly salary of which €800 goes on rent and €200 to the children.
The accused's mother also appeared before the court and in sworn testimony said Glen was the youngest of four children and had never given an ounce of trouble. She asked Judge Johnson not to send him to prison.
The judge said the offending had been fuelled by drink but drink was no excuse for what the accused had done.
“It was a miracle Mr Buckley didn't suffer fatal injuries and Mr O'Brien should be extremely thankful for that,” said Judge Johnson.
The maximum sentence for assault causing harm is five years and he imposed a three-and-a-half years sentence, suspended on entry of a €500 peace bond, on condition Mr O'Brien remain under the supervision of the probation service for 18 months, have no contact with Anthony Buckley, and pay a total of €25,000 in compensation.
After paying €5,000 on the day in court, he must pay €5,000 for each of the next four years up to and including 2026.