Repeat offender jailed for affray in Kilkenny

A woman who pleaded guilty to affray at an address when a man died following a violent assault was sentenced to one year in prison.

Rebekah Walsh, Shellumsrath, Kilkenny admitted the offence at High Hayes Terrace in the early hours of February 6, 2020.

Prosecuting for the State, Dylan Redmond said that there were five co-accused including Garret Smith, who was the defendant’s partner at the time and who was convicted of manslaughter and violent disorder arising from this incident.

The court heard that on the date of the incident the defendant had been drinking all day. In the early hours of February 6, 2020 gardaí received a report of an altercation at Apt 1, 8 High Hayes Terrace.

Mr Redmond outlined that there were a number of apartments at 8 High Hayes Terrace and that Edward O’Sullivan, also known as Liam, was the resident at Apartment 1.

On the date in question gardaí were alerted by a neighbour about an altercation at the property. When gardaí arrived moments later they found Liam O'Sullivan in a difficult position with blood coming from his face, head and mouth and he had difficulty breathing. Paramedics arrived at the scene and Mr O’Sullivan was brought to St Luke’s Hospital where he died a short time later.

Garrett Smith was tried by a jury for murder and was found not guilty of murder but guilty of manslaughter and violent disorder and is currently serving a 13.5 year sentence for manslaughter.

Mr Redmond told the court that the defendant and the deceased were friends and knew each other from drinking in the Kilkenny area, both were heavy consumers of drink at the time. At the time Rebekah Walsh had a new boyfriend, Garrett Smith and on the date in question they had nowhere to stay and asked Liam O’Sullivan if they could stay. Rebekah Walsh and

Garrett Smith had been drinking all day since 11am in bars and parks in Kilkenny City.

That evening there was a gathering in Liam O’Sullivan’s apartment and Rebekah Walsh and Garrett Smith were present along with a number of other people.

The court heard that gardaí had carried out an investigation and had taken statements from people living nearby who described an incident that night where a female was shouting and making loud noises. Mr Redmond said that a fight occurred involving all the people who were present. Matters subsequently died down and the party resumed.

Witnesses said around an hour later, at approximately 3am, they heard a female making loud noises and screaming upstairs.

Liam O’Sullivan was in his apartment when Garrett Smith went back to the apartment and a fatal assault took place. Garrett Smith stamped on Liam O’Sullivan’s head with such ferocity as to cause fatal injuries, the court heard.

Liam O’Sullivan’s former partner tried to get into the apartment and was prevented from doing so by the defendant. Rebekah Walsh and Garrett Smith sought to leave the property and gardaí arrived at approximately the same time and they were intercepted.

Inspector James O’Brien said that the defendant was interviewed and made admissions to being at the premises and involved in an altercation on the night in question.

Inspector O’Brien added that Walsh had ‘tried to downplay her role’.

“She gave evidence at a murder trial that she went back to the apartment and saw Garrett Smith stamp on Liam O’Sullivan’s head and say; ‘You are a hard man now without your friends’. She was charged with violent disorder. A plea to affray was offered which was accepted by the DPP.”

The court heard that the defendant has 36 previous convictions.

Seán Rafter, BL defending said that his client had to give evidence before the Central Criminal Court which she found difficult.

“She has expressed sadness and remorse at this wrong. She was involved at the periphery. Her background is adverse. She is an individual who was abusing hard drugs from tender years and has a horrific record in terms of being in trouble with the law.

“When she is free of drink and drugs she is a pleasant and kind person but when she is under the influence of substances she is a menace to the people of Kilkenny.”

Judge Cormac Quinn said that this was a serious incident of affray where a fatality had taken place and sentenced the defendant to 12 months imprisonment.