Off duty Garda and his brother were assaulted by three men after night out
A garda and his pilot brother were viciously assaulted in an unprovoked attack by three men and were left with serious injuries, Sligo Circuit Court was told.
One of the brothers who was viciously kicked and punched on the ground received a broken eye socket and had to undergo facial surgery.
Judge Keenan Johnson was shown CCTV footage of the violent assault which took place near Roberto’s take away in the early hours of August 3rd 2016.
The defendants, Lee Rodney Gethins (37) of Devins Drive, Cranmore, Damien O’Sullivan (25) of St Bridget’s Place, Sligo and Nico Farrell (25) of John St, Sligo pleaded guilty to violent disorder and assault causing harm to Anthony and Matthew Marren at Lower Market Street.
Sergeant Fergal Flynn told the court that Anthony Marren (31) a garda and his 30-year-old brother Matthew, a pilot based in Spain, had been out for a meal with their parents earlier that evening and had then went socialising in their hometown.
They were trying to get a taxi near the Lady Erne statue on the bottom of Market St when they were approached by a group of three men who asked them for a cigarette.
He said an argument then started and a fight broke out with the victims receiving numerous violent punches and kicks.
Anthony Marren received kicks while on the ground.
Sergeant Flynn said he had studied the CCTV footage and it appeared the incident was instigated by Lee Rodney Gethins.
He said he punched Anthony Marren four times and kicked him four times on the ground.
Gethins punched Matthew Marren six times, he said.
O’Sullivan, on three separate occasions ,punched Matthew Marren in spurts several times and he punched Anthony Marren twice.
Nico Farrell arrived ten seconds after and he punched Anthony Marren three times and Matthew Marren once.
It appeared he kicked Anthony Marren once and stamped on his head.
The incident lasted 75 seconds before gardai and an ambulance arrived.
Three men were seen running up High St, gardai gave chase and O’Sullivan was stopped and he had cuts on his right hand and blood spatters on his top. Gethins was also encountered by gardai on the night.
State Prosecutor Ms Dara Foynes BL said medical evidence from Consultant Fergal Hickey in the Emergency Department of Sligo University Hospital of the injuries sustained by the victims was substantial.
Anthony Marren received a broken right eye socket, an extensive right facial fracture, serious cuts and bruising to his face, swollen lip, blurred vision and was in significant pain.
He had to undergo facial surgery in Altnagelvin Hospital in Derry by a team of specialist surgeons where he had to have a metal plate put in his face to hold the eye socket together.
Matthew Marren had a significant injury to his nose which was bleeding heavily, cuts to his forehead and to the left side of his nose and bruising and cuts to his face.
He had considerable swelling and had to receive six stitches to the bridge of his nose and was advised his wound might not heal.
Ms Foynes read out victim impact statements from Anthony and Matthew Marren, who were not present in court.
Anthony Marren said he had sleepless nights and he couldn’t sleep because of the pain.
He explained he was stressed by how it affected his brother and his parents, particularly when two months after the assault his grandmother also died.
He was afraid he could lose his job with the Gardaí as he was only after starting the previous week. He said that along with the physical injuries, he was also afraid he was going to lose his sight as he had a detached retina in the past which had corrected itself.
He said since the fight he was hesitant to go into town on his own, suffered aches in his cheek bone when it’s cold and he also had a plate put in his face to hold the eye socket together.
His medical bills were in excess of €2,400. Matthew Marren said as a result of the assault he was apprehensive of socialising and going out and about in his hometown.
He said it had a very substantial effect on his parents, particularly his mother who had difficulty sleeping when he goes out with his brother. His medical bills were €1165.
All three defendants admitted consuming large quantities of alcohol on the night, with Gethins and Farrell both drinking a bottle of vodka and a number of pints.
The court heard Gethins looked upon Farrell as his son as his partner was Farrell’s mother.
Representing O’Sullivan, Mr Kenneth Fogarty SC instructed by McGovern & Walsh solicitors said it appeared from the CCTV his client was retreating backwards with his hands up before the fight began.
He described his client, who had 44 previous convictions as having a dysfunctional family background and having a difficult upbringing. He had a criminal career stretching back to when he was very young.
O’Sullivan was very remorseful and deeply regretted what happened, saying his initial response was to walk away.
Mr Fogarty instructed by Mr Mark Mullaney also represented Gethins.
He read out a letter of apology from Gethins described in court as the sole carer for his five children.
In it, the defendant said he wanted to sincerely apologise to both Marren brothers for the pain and suffering caused.
He said he didn’t think he was capable of such actions and how he wanted to be a role model for his young children and this had a serious effect on that.
He said he had undergone anger management to deal with anger and aggression.
“I hope you both can find a way to forgive me,” he said.
Gethins had six previous convictions for drugs possession and road traffic matters.
Mr Colm Smyth SC instructed by Mr Tom MacSharry said his client, Nico Farrell, was the son of Gethins’ partner and had come into the fight late on as he thought Gethins was in trouble.
He said when he woke up the following day he couldn’t remember anything.
Mr Smyth described Farrell, who had 14 previous convictions mostly for drugs possession and road traffic offences, as being concerned people would think he kicked or stamped on the head of someone as this was not the case as it was not clear he had connected with the head.
He said his client had no previous convictions for assault and had an overdependence on cannabis in the past. He was the father to a young daughter and was trying to get his life back on track.
All three defendants apologised directly in court to the father of the victims who was present.
Gethins said he was sorry for hurting the boys. He said he was deeply sorry and regrets it everyday and that he hoped he could forgive him.
Judge Johnson asked him if he was the victim having to get an eye socket plate in place what would he want the culprit to get and Gethins said “do what has to be done by law” but that he was deeply sorry and regretted it.
Farrell told the court he was shocked and ashamed when he learned about the injuries sustained by the two victims.
He told the victims’ father he was deeply sorry for what happened and that it shouldn’t have happened and that he was never in trouble for fighting before and apologised to his sons.
O’Sullivan also apologised, saying his mother was heartbroken and apologised to the Marren family for the hurt caused.
In sentencing Judge Johnson Anthony and Matthew Marren were involved in an unprovoked attack in which they were totally blameless and shouldn’t have endured such horrific injuries.
He said their victim impact statements were powerful and understated when taking into account their horrific injuries. Both were left apprehensive of socialising in Sligo town and also the worry of their parents which was very understandable.
Jugde Johnson said the reason they were not in court was because both are in gainful employment adding that the financial loss in respect of their injuries didn’t compare to the physical and psychological impact.
He said it was a tragic situation that there isn’t a proper system in place to compensate for victims of such assaults for the wrong done to them.
He said offences of these sorts were way too prevalent with streets unsafe in the early hours.
The judge said being a father himself he too would worry for his childrens’ welfare on nights out in case they were subjected to such behaviour.
“People have the right to walk the streets and not get assaulted.”
He said people who engaged in such behaviour deserved harsh sentences to deter others from doing so. He said the aggravating factors included the level of violence, the kicking and punching of the victims while on the ground, the effect the assault had on the victims, significant major injuries and no effort from the accused in offering any form of compensation. “
Actions speak louder than words and they haven’t done this,” he said. Mitigating factors were the guilty pleas, co-operation with gardaí and in relation to Gethins and Farrell no previous convictions for violence.
He said the violent offending was out of character for Gethins, though the Judge said he believed Farrell did stamp on the victim from the CCTV and the serious injuries he got. He said that taking all matters into consideration he had to impose a sentence that was to reflect this type of behaviour would not be tolerated.
He sentenced Gethins to four years in prison with 18 months suspended for five years and ordered him to pay €1500 to both victims two years from his release date. O’Sullivan and Farrell were sentenced to three years in prison with 18 months suspended for five years and were ordered to each pay €1500 to the victims 18 months after release.
On addressing the victims’ father the judge added: “I’ve considered the matter greatly and I want to say to the Marren family that no parents should have to go through what you did and I hope today will give some form of closure and I extend my best wishes to each of your sons.”