Two Tipperary men plead guilty to an affray described by judge as an 'absolute disgrace'

Two people have pleaded guilty before Nenagh Circuit Criminal Court to affray in Upperchurch in 2021 which left another young man with serious injuries

AJ Shanahan, 20, with an address at Seskin, Thurles, pleaded to the offence on June 16, 2023 and was before the court last Friday for sentencing.

Garda Jane Hickey told the court that Upperchurch Drombane GAA had been involved in both a county football and a county hurling final on June 26, 2021, following which a lot of celebrations took place in Upperchurch involving a lot of people, some of whom had consumed alcohol.

Two separate incidents happened in which Mr Shanahan was involved to a certain degree, she said. However, the State accepted that he played a minor role in terms of the overall incidents.

A video recording of the incidents was shown to the court. Garda Hickey said it could be seen in the video that a local publican tried to break up the melee.

Garda Hickey told the court that the injured party, who was aged 19 at the time, had spent 15 days on a life-support machine as a result of his injuries and that it had been “touch and go”.

She said the injured party had been struck on the head and suffered loss of consciousness.

A CT scan had shown that he had suffered contusions to the brain and later developed epileptic seizures.

The injured party continued to improve and had undergone cranioplasty for a fracture of the skull.

The injured party was now working with Acquired Brain Injury Ireland and his life was “going in the right direction”, she said.

Garda Hickey said that Mr Shanahan had co-operated fully with the investigation and had been interviewed on three separate occasions, during which he said that he had so much to drink he couldn’t remember everything that had happened.

The court heard he had no previous convictions.

She told Brian Kearney, BL, for Mr Shanahan that the incident had happened on the first weekend that pubs had reopened following a long Covid-19 lockdown and that there would have been a lot of socialising.

She agreed with Mr Kearney that Mr Shanahan had co-operated with the investigation though his recollection had been “somewhat clouded”.

Garda Hickey also agreed that a conviction would have “potentially serious consequences” for his client who was a Third Year student.

She told Mr Kearney that the injured party was making “steady progress” but had lost two years of his college life. He could not drive and was on a lot of medication.

Mr Kearney said his client had intimated to him that he had a “great sense of shame” over what had happened and wanted to convey his “heartfelt apologies” to the injured man’s family, the gardaí and the people of Upperchurch.

Describing the incident as an “unfortunate event”, Mr Kearney said that Mr Shanahan accepted he had been an “utter idiot” in how he had behaved and conducted himself.

He said that there had been a number of melees on the street but that Mr Shanahan had “no hand, act or part” in the assault on the injured party.

Mr Shanahan was of previously good character and came from a good family and was aware it could have lifelong consequences for him in terms of his prospects of becoming a teacher.

He said Mr Shanahan had completed an alcohol awareness programme and had been the first of those charged in connection with the incident to “front up and make admissions”.

Mr Kearney said that a criminal conviction would bring an end to a career as a teacher and Mr Shanahan was facing a long placement before he qualified as a teacher next May.

He urged Judge Staines to consider the provision of Section 110 in the 2006 Criminal Justice Act that his client would be discharged from the indictment after a period of time.

Judge Staines, in her judgement, said that there had been numerous altercations and that people had punched each other.

“It should have been an opportunity to praise the achievements of the hurlers. I have no doubt they trained hard. But the behaviour was an absolute disgrace. It was no way to celebrate success. The GAA has a responsibility to say to its members that such thuggery is not the way to celebrate success,” said the judge.

“Pub owners have a responsibility not to serve people who might already be intoxicated. There seemed to be a lot of people already intoxicated,” said Judge Staines.

Judge Staines said that she would adjourn sentencing for six months but in the meantime, Mr Shanahan was to provide €3,000 to Acquired Brain Injury Ireland and to attend two times in Thurles secondary schools with the gardaí and to explain how his drinking had affected the injured party and been a threat to his own liberty and future career.

She fined him €100 and adjourned the case to Clonmel Circuit Criminal Court on November 21, 2023.

Joseph O’Donoghue, 22 , of Drombane Cross, pleaded not guilty to violent disorder but guilty to affray when he was arraigned before Judge Catherine Staines last Friday, June 23.

Bill O’Brien, BL, for Mr O’Donoghue, asked that a probation report be prepared on his client as there was “more than a suggestion of excessive alcohol” involved.

Judge Staines ordered a probation report and adjourned the matter to October 3.

Six other people are still before the courts in relation to the incident.