A man has being jailed for nine years for his part in a rural burglary on two elderly brothers in which the victims were bound with ties and tubing and badly beaten.
Bogdan Hainal (28), a Romanian national, was one of three men who entered the home of Paul and Patrick Kenny at Goretti Terrace, Prosperous, Co Kildare in July 2014.
Two of the men were wearing garda style clothing. One remains unidentified while a third man has been identified and has a warrant out for his arrest.
Inspector Paul Reilly told Dublin Circuit Criminal Court that this man, who was the main aggressor, is from Dublin city and is believed to have fled the jurisdiction.
Hainal, formerly of Gandon Mews, Lucan, Co Dublin pleaded guilty to aggravated burglary on July 8th, 2014.
The court heard that just before 7am that day the raiders arrived in a black BMW at the home of the brothers, who are both aged in their 60s.
They entered a bedsit beside the main house where Patrick lives and tied him up using neckties. They threatened him and demanded to know where his brother was.
Inspector Reilly said they were under the false belief that Paul Kenny was in possession of money to buy a pub.
He said the Paul Kenny is the carer for his older brother and had a practice of calling in to him every morning to check on him.
He called to the bedsit around 7.30am and the raiders immediately set on him and began beating him. They demanded cash from him and stabbed him in the hand and arm.
They then tied him to sink using a rubber inner tube tied around his neck and pulled a woolly hat over his eyes. The ordeal lasted one hour and six minutes, during which the men were told they would be killed if they didn’t co-operate with the gang’s demands.
Planned
Judge Patricia Ryan said that the burglary was planned and that the raiders had driven from Dublin and targeted people in a rural location.
She described the injuries as horrific and noted the psychological effects of the attack.
Judge Ryan set a headline sentence of 11 years. She suspended the final two years on condition Hainal stay away from the victims for 30 years and engage with the Probation Services.
In victim impact statements, read out in court, both men described fearing their lives would end that morning.
Paul Kenny was hospitalised for six weeks and is still undergoing physio. Patrick Kenny has suffered high blood pressure since the raid and will be on medication for this for the rest of his life.
He said he had a habit of always sleeping with the window of his bedroom open but he now fears somebody will come in and closes it at night. He said he feels like a prisoner in his own home as a result.
He said he used to enjoy a full nights’ sleep but is lucky to get four hours now and gets up during the night to check if anyone is around.
Hainal’s 18 previous convictions are mainly for road traffic offences but include one for burglary committed in 2018. He is a Romanian national with one child and a female partner.
Inspector Paul Reilly agreed with lawyers for Hainal that he was only in the bedsit for a total of 14 minutes.
Padraig Dwyer SC, defending, said his client was remorseful. He had some drug abuse issues but wanted to rehabilitate now.
The court heard that during the trial Hainal’s lawyers contested CCTV and fingerprint evidence. After Judge Ryan ruled against the defence and allowed this evidence, Hainal changed his plea to guilty.