Brothers sentenced for party assault

Two brothers who assaulted a bricklayer at a party thrown by the Zoe Developments building company have been given suspended …

Two brothers who assaulted a bricklayer at a party thrown by the Zoe Developments building company have been given suspended sentences and ordered to pay £15,000 compensation.

The injured man, Mr William O'Brien, suffered serious head injuries and lost his sense of smell as a result of the attack, Dublin Circuit Criminal Court heard.

Judge Kieran O'Connor said it was a "vile and cowardly" assault and the two brothers had acted in the most savage way possible.

Last week a jury found Patrick Kelly (30) and Joseph Kelly (34), both of Spire View Lane, Rathgar, guilty of causing actual bodily harm. Patrick Kelly was also found guilty of causing grievous bodily harm.

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At yesterday's sitting, Mr Liam Carroll, the managing director of Zoe, said Patrick Kelly worked as a general foreman for the company and Joseph Kelly worked as a site agent. Both had excellent work records and were respected by those who worked for them. Character references were also given by Mr Pat "the Cope" Gallagher MEP, three priests, a dentist, a solicitor and a retired schoolteacher, all from near the Kelly family home in Donegal.

Mr Gallagher said in a letter to the court that he was not seeking to interfere with the administration of justice.

Ms Melanie Greally, prosecuting, said that on December 20th, 1996, Mr O'Brien had called to a party being held for the management of Zoe Developments at the Stillorgan Park Hotel. He had been drinking since 2 p.m. with Patrick Kelly and believed he had been invited to a drinks reception being held after the main function.

He was told by Patrick and Joseph Kelly to leave and they escorted him to the hotel reception. Two witnesses said they heard the Kellys protest with O'Brien about obscene comments he allegedly made about their mother.

A receptionist, Ms Niamh Dunleavy, said Patrick Kelly hit Mr O'Brien's head against a door. Mr O'Brien was then pushed backwards through the front door of the hotel and both men kicked him as he lay on the ground.

The two Kellys claimed in court that Mr O'Brien had refused to leave the hotel function room and had insulted their mother. They claimed Mr O'Brien had fallen to the ground and Joseph Kelly had "moved him" with his feet.

Judge O'Connor said he had been "bombarded" with character references from eminently respectable people and he was impressed by the evidence he heard. Neither defendant had any previous convictions nor had they shown any propensity for violence in the past.

He imposed a three-year suspended sentence on Patrick Kelly and a 21/2-year suspended sentence on Joseph Kelly. Both men were also bound to the peace for two years.

Judge O'Connor told Patrick Kelly he had come very close to going to prison and warned both defendants to stay out of trouble.