A DISTRICT court judge described an assault where a man kicked his brother in the head with a steel capped boot while he was on the ground as ‘nothing but savagery’ which she said was all to do with a ‘thirst for land’.
Judge Marie Keane made the comment at Bandon District Court while dealing with the case of Patrick Maloney of 29 Baile Ard, Fermoy, who pleaded guilty to assaulting his brother, Timmy at the family home in Kinsale on December 18th last.
Insp Kay O’Donoghue told the court that Gda Cormac Dineen was on duty in Kinsale on that date when he received a call about an assault on Timmy Maloney at the family home.
‘On arrival Gda Dineen spoke to Timmy who said the accused called to their home to challenge him over the use of a field they had which they had access to,’ said Insp O’Donoghue.
‘He said the accused came in the front door in a rage. He attacked him by punching and kicking him on the ground. He (Timmy) was wearing socks so lost his footing, and while on the floor the accused kicked him in the head with a steel cap boot.’
Gda Dineen sought medical assistance for the injured party, while the accused was later arrested. Photos of the facial injuries sustained on the injured party were shown in court.
Insp O’Donoghue said Timmy opted not to give a victim impact statement. She said there have been no difficulties since between the parties and that the accused fully co-operated with gardaí.
Defence solicitor Charles O’Connor said his client has no previous convictions and that the dispute arose over a text message sent to an uncle saying that animals would be left out on the road in Fermoy.
‘He made full admissions and accepts he drew blows to the side of his brother’s face. He apologises for his actions and there have been no difficulties since. He has two children and is extremely diligent and his partner and uncle are here in court,’ said Mr O’Connor, who said his client accepts his conduct on that occasion fell short of what should be expected.
Judge Keane said this was nothing but a ‘vicious and premeditated attack on his brother’ at the family home.
‘The medical report is indicative of a person being assaulted. He drew a kick into the side of Timothy’s head while on the ground. To kick a person in the head with a steel cap boot is reckless in the extreme,’ said Judge Keane.
‘This is surrounded by a background and thirst for land and a perceived entitlement for land. It’s reprehensible in the extreme to carry out such an attack.’
She added that if he was so concerned about the livestock then why didn’t he go and check them? She also noted that he has not apologised to his brother or offered any form of compensation.
‘The medical report and photos of his injuries speak for itself and it was nothing but savagery.’
She directed the preparation of a probation report and said for someone to draw a kick to someone’s head is ‘out of order’ and adjourned the case to January 16th.
