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Thursday, 2nd September 2010

Shot man's brother loses appeal not to be returned to Limerick Prison

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Published Date: 31 July 2010
TWO weeks after a teenager was jailed for a litany of road traffic offences, his brother was shot in St John's Square in Limerick city, a court has heard.
There were fears that Daniel Phillips would not survive the gun attack in St John's Square last May 24. The 20-year-old from Ballinacurra Weston sustained wounds to his head and body when the car he was driving was targeted by a gunman who escaped on a bicycle.

His younger brother, Jonathan, was released from Limerick Prison to see his sibling fight for his life in hospital because the family feared he was going to die.

The 19-year-old appealed 39 convictions at Limerick Circuit Court this week in the hope that he would not be returned to jail to finish the sentences that were imposed at Limerick Court on May 12.

State solicitor Michael Murray said Mr Phillips had received a six-month sentence for stealing a car at Sexton Street last December 19. He had been observed driving the vehicle erratically, swerving from one lane to another, on Henry Street by gardai.

He was also convicted of driving while under the influence of drugs and disqualified for four years on the same date. The teenager was convicted of cannabis possession, which the court heard, was for his own personal use.

Separately, Mr Phillips received a three-month sentence for driving without insurance last September 15, and other road traffic charges were taken into consideration. Mr Murray told the court that Mr Phillips had 47 previous convictions and 35 were road traffic related.

Solicitor Darach McCarthy said his client had been serving his sentences when he learned that his older brother had been shot and seriously injured.

The solicitor said the teenager had left Ballinacurra Weston and was living with his father in Clonlara since he was released on a bond to see his brother.

Mr Phillips had re-engaged with Céim ar Céim, a probation project based in Moyross, and had taken up playing hurling with Clonlara GAA Club, he said.

"I wouldn't have held out any prospect for him," Mr McCarthy said. "He saw his brother in a hospital bed and knew he had to improve himself."

The solicitor said he was impressed by his client's efforts and that Mr Phillips planned to start the Junior Cert programme in September.

Mr Murray, however, said that there was no evidence to back up Mr McCarthy's claims.

Mr McCarthy said that his client had not come to the attention of the gardai "which is itself an accomplishment".

"Most people don't come to the attention of the gardai," Mr Murray said.

Judge Carroll Moran noted "the thick file" of convictions that Mr Phillips was appealing, the most serious of which was taking a car.

He affirmed the penalties and Mr Phillips was brought back to jail.

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  • Last Updated: 30 July 2010 8:36 AM
  • Source: Limerick Leader City Editio
  • Location: Limerick
 
 
 


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