A CHARLEVILLE man broke a brush on his 17-year-old sister’s back and punched her in the jaw, Kilmallock Court heard.
John Kiely, aged 19, of Batt Donegan Place, Charleville was also charged with assaulting a garda; breach of a protection order; obstructing a peace officer; threatening/abusive/insulting behaviour and theft.
Sergeant Mark Daly said gardai responded to a phone call to attend an address in Batt Donegan Place, Charleville on July 20.
He said the defendant was arguing with his mother.
“She was in fear of her life. She was very upset,” said Sgt Daly.
The court heard that the defendant’s 17-year-old sister intervened to try and stop the argument.
“He punched her in the jaw and broke a brush on her back.
“There was a red welt on her back and a broken brush was on the floor,” said Sgt Daly.
When gardai arrived Kiely had fled the house but then came back in the front door, said Sgt Daly.
“A prolonged violent struggle ensued. Garda Paul O’Shea suffered injuries to his forearm and thumb.
“The defendant was so violent, pepper spray had to be used to eventually overpower him,” said Sgt Daly.
Separately, on October 5, Inspector Edward Golden said gardai got a call that the occupants of a car were acting suspiciously beside a truck in Newtownbarry, Charleville.
“The vehicle exited the premises and tried to make good its escape.
“A short time later they were stopped. During the course of his detention the defendant admitted taking diesel – approximately €400 worth,” said Inspector Golden.
Kiely’s solicitor, Brendan Gill, said thankfully there was no long lasting injuries to the defendant’s sister or garda.
“He is just 19 and had a very difficult childhood.
“He left school at 15 without any formal qualifications and from a young age began associating with an older age group which led to the misuse of drugs and alcohol,” said Mr Gill, who added that he had spoken to gardai and they accept that his client would be very easily led.
“His recollection [of the night of the assaults] is hazy to say the least.
“He took a tablet – some new strain of drug – and it led to him being completely out of control.
“He is not known to have a violent disposition. He apologises,” said Mr Gill.
“He is on his last chance,” added Mr Gill.
The solicitor said his client gets €95 a week in benefits.
Judge Mary Larkin said: “He can still avail of drugs and alcohol.”
Mr Gill asked the judge to take into consideration his client’s guilty plea and “genuine remorse for the incidents”.
“He was completely out of control.
“It was only in the cold light of day he became aware of how out of control he was,” said Mr Gill, who contended that prison was not the place for Kiely as he is “easily influenced”.
The court heard that the relationship between the defendant and his mother has improved, and his sister didn’t make a statement to gardai.
Judge Mary Larkin handed down a three month sentence suspended for 12 months.
The judge ordered that Kiely not reoffend, be of good behaviour and keep the peace, take no alcohol or mind altering substances, reside at Parkview, Charleville, stay away from Batt Donegan place, obey a curfew of 10pm to 7am and not to associate with a number of individuals named in court.
The judge ordered that these names not be published in local newspapers.