Men who broke into home and attacked resident are jailed
TWO men who brought weapons as they broke into a man’s home and assaulted him in his bed have been handed lengthy jail sentences by Judge Cormac Quinn at Wexford Circuit Criminal Court.
Thomas Phayres (41) of Mona Greany Lower, Monamolin, Gorey, and Alex Lawless (36), with addresses at Tobergal, Boolavogue, Ferns, and 18 Branogue Park, Ardamine, Riverchapel, Gorey, both pleaded guilty to having a weapon of offence while committing a burglary at 1 Riverview, Ballycanew, Gorey, on April 7, 2019.
The court was told by prosecuting counsel Sinead Gleeson that on the day of the offence, Phayres came to Lawless’s home, where they both consumed alcohol and drugs.
Garda Tadgh Moran told Ms Gleeson that the victim was known to Lawless, as he had rented his parents’ house some months previously, while his mother was still friendly with the victim’s ex-partner.
Garda Moran said there been increased tensions involving the parties in the weeks leading up to the offence. He said that Lawless felt anger and frustration about the situation, while Phayres is believed to have had his own grievances.
Garda Moran told Ms Gleeson that the defendants wore hats with two holes to disguise themselves on the night in question and that Lawless had a hammer in his possession while Phayres had the metal pole from a vacuum cleaner.
After Lawless had broken a window to gain entry, he let Phayres in the front door then both men went upstairs.
The victim’s partner, Shannon Kehoe, was led out of the bedroom, before Lawless returned and struck the victim a number of times with the hammer on his shoulders and back, while Phayres struck him with the metal pole.
The victim, Mark Owens, was left bleeding from his head and with a cut around his left eye after he was dragged from the bed and beaten in an incident that lasted some 30 minutes.
Lawless, the court was told, subsequently came to his senses, asked the co-accused to stop the attack and the men left the house together.
Both Mr Owens and Ms Kehoe could identify the two men, having seen them through their disguises while also recognising their voices, and said Lawless was the man with the hammer.
Following a later search, the weapons were found at Phayres’s home.
Both defendants were subsequently arrested and questioned.
Garda Moran said Mr Owens was brought to Wexford General Hospital by Ms Kehoe.
Philip Sheahan SC, for Lawless, said the Probation and Welfare report categorised him as open and genuine in the preparation of the report. He said his client, who had one previous conviction for public order, related his offending behaviour to underlying grievances with the victim, while alcohol and drugs also contributed on the night. He began consuming alcohol aged 14 and has dabbled in cannabis, ecstasy and cocaine since he was 18. He went to New Zealand between 2016 and 2018 and is the father of three children. He has expressed remorse and guilt for what happened and understands that he may have curtailed his ambition of being able to work and live with his partner and children in Australia.
Elaine Morgan SC said that Phayres had linked up with the HSE substance misuse team and a counsellor to address his alcohol abuse and other issues. He admitted he was drinking heavily on a daily basis and had attended his GP for a detox. She said the probation and welfare report stressed that unless he makes a serious effort to address his alcohol abuse he remains a risk of reoffending but that, in the intervening period, he has linked up with the HSE.
Judge Quinn, having heard the evidence and submissions, described it as a serious incident.
He sentenced Phayres to four years in prison, with the final two years suspended on condition he enter a bond of €200 to keep the peace and be of good behaviour for two years upon his release from prison. He must also to come under the supervision of the Probation and Welfare Services and do as directed, including attending any courses or residential treatment if necessary.
Lawless was sentenced to five-and-a-half years in prison with the final two years suspended, having been bound to the peace for two years while in prison. On his release, he must obey the directions of the Probation and Welfare Services for two years.
He was also ordered to pay the sum of €5,000 to Garda Tadgh Moran for transmission to the injured parties.