Three young Offaly men pay substantial compensation for assault of garda

THREE young Offaly men are paying a garda substantial compensation as a result of an assault on him, last week's sitting of Tullamore Circuit Court heard.

Judge Keenan Johnson said he did not want any of the men to be left with convictions because of their previous unblemished records.

Oisin Rice (21), Clara Road, Tullamore, and David O'Toole and Shane O'Toole, both of Beechmount Park, Mucklagh, had previously pleaded guilty to violent disorder.

In addition, Mr Rice admitted assaulting Shane Costello causing him harm, at William Street on July 11 last year.

Geraldine Fitzpatrick, BL, representing Mr Rice (instructed by Patrick Martin, solicitor), said there was no great disparity between all three accused even though her client had pleaded guilty to two offences.

Judge Johnson noted that none of the men had previous convictions.

“It seems to have been a moment of madness fuelled by excessive drinking,” he said.

Ms Fitzpatrick said Mr Rice had pleaded guilty early to the assault and paid compensation for the “very significant” injuries caused to Garda Costello who was not targeted as a member of An Garda Siochana.

Defence counsel said the assault was reckless rather than intentional and the injuries caused were well above what was intended.

Apologies, testimonials for the accused men, and a victim impact statement had been heard at a previous sitting.

Stephen Byrne, BL, for David O'Toole and Shane O'Toole (instructed by Aisling Maloney, solicitor), said the compensation sought by the court would be paid.

Prosecution counsel Kevin White, BL (instructed by Offaly state solicitor Sandra Mahon), noted that all three had €1,500 compensation in court previously and a further €6,000 is to be paid by David and Shane O'Toole, and a further €8,500 by Mr Rice. On payment of those sums, the court was to leave all three accused without convictions by applying a section of the Probation Act.

Mr White said that Section 100 of the act, which was the section the judge was exploring, would leave them with a conviction, and that was the view of the DPP.

Mr Byrne agreed, saying that while that section would discharge an accused from having a sentence, the conviction would remain. He suggested the imposition of Section 1.2 of the Probation Act.

Judge Johnson said an order for restorative justice could be another option but Mr White said that might not be an applicable for a matter before the Circuit Court.

The judge said it had been a serious incident but there had been fulsome acknowledgement by the three accused of what they had done, fulsome apologies and co-operation with the gardai.

All three had remained out of trouble since and had been assessed at low risk of reoffending.

He said the criminal justice system could be a very blunt instrument at times and the court had directed significant and large compensation which was a significant pain and penalty on the men.

Leaving them with convictions would negatively impact on them and in this case there were exceptional and extenuating circumstances. He said he would adjourn the cases sine die (indefinitely).