Three men sentenced over brawl in Bagenalstown that was caught on CCTV
Carlow courthouse Photo: Michael O'Rourke
A BRAWL that took place in Bagenalstown on 19 December 2023 has landed one man in jail, and two others with suspended sentences.
At the sentencing hearing on 26 November at Carlow Circuit Court, CCTV footage from the evening was shown to Judge Eugene O’Kelly. The footage showed Billy McAssey of 6 Regent Street, Bagenalstown and John Corcoran entering The Railway House Bar in Bagenalstown – also known as Doyle’s pub – in black hoodies, armed with two iron bars.
The court saw that they attacked Aidan McGrath, the co-accused’s brother, ostensibly to “sort out their differences”.
A member of the public restrained Mr Corcoran, of Old Callan Road, Kilkenny, after he attacked the publican, and both men were quickly disarmed. The victim can be seen covered in blood due to a head injury he suffered in the attack. He later received treatment at Waterford University Hospital.
Further CCTV evidence showed the trio on Bagenalstown Main Street grappling and Oliver McGrath, with an address at 12 Glean na Beara, Bagenalstown, beating the pair with a flimsy metal walking stick.
Mr McGrath kicked Mr McAssey while he was lying on the street and left the scene. He had been drinking in the pub when his brother Aidan was attacked. The second incident on the main street was described by Judge Eugene O’Kelly as having the “hallmarks of a punishment”.
In his evidence to the court, Detective Garda Philip O’Sullivan said Mr Corcoran was rendered unconscious for several minutes from this attack.
Both Mr Corcoran and Mr McAssey were treated for their injuries at St Luke’s Hospital in Kilkenny that evening. Broken shards of the walking stick used by Mr McGrath were found by gardaí on the street and shown to the court.
After pleading guilty earlier in the year, the three men were charged with the offence of affray at a sitting of the circuit court in late October.
“The one thing that stands out in this case is that nobody gave a full account” of the incident, said Judge Eugene O’Kelly at the sentencing hearings. None of the parties disclosed the reason behind the attack in their interviews with gardaí.
In his submissions to the court regarding the sentence to be imposed, Tom Kelly BL, defending Mr Corcoran (40), explained that in the days leading up to the offence, his client was not taking his medication for mental health issues, and then was over-medicated on the day prior to the incident.
He was also heavily intoxicated on the night.
Despite his history with alcohol and substance misuse and a previous conviction in 2009 for drugs possession, “appalling violence doesn’t appear in his history”, Mr Kelly argued. Counsel noted that he bore no ill-will towards either of the McGrath brothers and his probation report stated that he was in the medium risk category of reoffending.
Since the offence took place, Mr Corcoran has been attending counselling and has found employment doing maintenance work for Newpark Close Family Resource Centre.
Judge O’Kelly described the offence as “a deliberate, pre-meditated attack ... with a serious weapon” that could inflict significant damage.
He set the headline sentence for Mr Corcoran at four years’ imprisonment and reduced it to three years because of his guilty plea and other mitigating factors. He fully suspended the sentence for a period of two years.
Counsel for Mr McAssey (40), David Roberts BL, said that his client was “remorseful” for his behaviour. He explained that the victim and his client were neighbours and friends up until recently. Since the incident, Mr Roberts claimed, “broadly speaking, there is no animosity between the parties”.
“Clearly, he should not have dealt with the issue the way that he had,” he continued.
But by way of explanation, Mr Roberts said that Mr McAssey had left school after first year of secondary school and had a bipolar disorder diagnosis. Since the offence, he has been sporadically employed by his brother’s carpentry business.
Counsel noted that he would lose his housing provision from Carlow County Council if a custodial sentence was made.
Mr McAssey had three previous convictions for assault, and one for assault causing harm, which resulted in him serving a three-year sentence.
Judge Eugene O’Kelly set the headline sentence for Mr McAssey at four years and nine months, considering his previous convictions. He reduced the sentence by one year and six months and suspended the last one year and three months. He will therefore spend two years in prison for this offence.
Tara Geoghegan BL, representing Mr McGrath (47), said her client had achieved the leaving certificate, had a good work history but had suffered a decline in his mental health after the breakdown of his marriage. She explained he currently lives with and cares for his parents, who are both elderly and terminally ill.
He wanted to “convey his apologies to gardaí and to the court” for the incident and has no memory of the incident. When watching the CCTV footage of the night, he said it was “sickening to look at”.
Det Garda Philip O’Sullivan said that Mr McGrath was not known to gardaí before the incident and hasn’t been in trouble since.
Judge O’Kelly set the headline sentence for Mr McGrath at two years and six months and reduced it to one year and six months. He fully suspended the sentence and gave Mr McGrath one year’s probation.
