A retired army sergeant and private who abducted a man who was then beaten with a sledgehammer have been jailed for a year each by Dublin Circuit Criminal Court.
The two had wrongly thought the man had burgled the sergeant's house when they led four others to smash up his house, take him to a nearby hill and smash his bones in four places.
Kevin Ball (38) and Joseph O'Brien (43), both of Rossfield Avenue, Tallaght, Dublin, pleaded guilty to the false imprisonment and assault of Mr Stephen Powell (29) of Kilmartin Avenue, Tallaght, as well as criminal damage to his home.
Det Garda Joseph McCartney told prosecuting counsel Mr Desmond Zaidan that between 12.30 a.m. and 1 a.m. on the morning of January 10th, 1996, at least six men broke into Mr Powell's home after breaking down the door with a sledgehammer. Mr Powell jumped through the front window in an attempt to escape but was caught by the men.
He was bundled into a car and taken to Kilmartin hill, about three miles away. There he was severely beaten with a sledgehammer, sticks and a baton. He sustained a broken leg, a broken finger and two broken arms.
Afterwards the men got into their two cars and fled. Ball later made an anonymous phone call to gardai, telling them there was an injured man at Kilmartin hill.
Det Garda McCartney said after the men were arrested on January 26th, 1996, they made full statements. They said before the attack, Ball's house had been broken into twice. A child's bike was recovered from an unknown party who mistakenly indicated Mr Powell was involved.
A gang was then gathered and the men drove to Mr Powell's home. They smashed all the windows in the house while the offences were committed. Gardai also found the glass in the front and back patio door was smashed and there was a trail of blood on the driveway.
Counsel for Ball, Mr Niall Durnin, said it wasn't his client's intention to use violence but he did not dispute his involvement. Ball had spent 22 years in the Army and had a fine record. The gang was not an organised vigilante group and there was no paramilitary connection.
Sgt Robert Smith, a company sergeant in McKee Barracks in Dublin, said Ball had been handpicked to handle sensitive documents in army HQ. He had never shown a propensity for violence.
Counsel for O'Brien, Mr Tom O'Connell, said his client had served in the Lebanon and had a good discharge record.
Judge Kevin Haugh noted O'Brien had achieved the rank of sergeant and both men had exemplary records.
Nevertheless, he said, both had been involved in a "horrific and outrageous crime". The interests of society would not be served unless he imposed a custodial sentence. He jailed both men for a year and added there was no other option open to the court.