Man jailed for instigating violent disorder at Balbriggan taxi rank

By Claire Henry

A man has been jailed for two and a half years for his role as the instigator of a violent disorder, which took place in Balbriggan.

Dublin Circuit Criminal Court heard that Kevin Cox (48) of Castleland Court, Balbriggan, Dublin, pleaded guilty to a single count of violent disorder which took place on Drogheda Street, Balbriggan, Dublin on March 31st, 2024.

Passing sentence on Friday, Judge Elma Sheahan said the CCTV clearly sets out the role of this accused, and it demonstrates the aggressive violence carried out by Cox. “It is clear he is the instigator on the night,” she said.

The judge said Cox was 46 years old at the time, and it was the court's view that he was old enough to know better.

She noted the aggravating factors were the seriousness of the offending, that he had some similar previous conviction from 2002 and the repeated nature of kicking people on the ground.

Judge Sheahan set a headline sentence of six years. In mitigation, she noted Cox’s guilty plea, his remorse, apology and the fact that he has not come to garda attention since this incident and for some years before it. Cox had €4,000 in court as a token of his remorse.

Judge Sheahan sentenced him to four years in prison, noting that, having viewed the CCTV footage, the custodial threshold had been crossed. She suspended the final 18 months for 18 months under strict conditions.

Garda Joanne McGinn told Sarah Connolly, prosecuting, that on the night in question, two men arrived at a taxi rank in Balbriggan and engaged in a conversation with three women.

A few minutes later, Cox and a co-accused approached the two men and gestured for them to move away from the women, with a verbal altercation taking place.

The incident escalated when Cox pushed and then struck one of the men several times. The fight was briefly broken up by the co-accused, but Cox again struck the man, who fell to the ground. While he was trying to get up, he was kicked in the face by Cox.

The second man was punched by the co-accused and was then kicked in the face twice while he was on the ground by Cox. Both Cox and the co-accused then left the area.

The court was told that approximately 15 minutes after this incident, the two injured parties were assaulted by a second group of individuals and sustained extensive injuries.

The first injured party suffered pain and bruising to the head and face and suffers from ongoing headaches and impaired vision.

The second injured party suffered a full knee dislocation, fractures to his fibula and tibia, along with multiple tears to his knee ligaments.

Victim impact statements were handed into the court on behalf of both men, who were out of work for a period of time and were unable to send money home to support their families.

One man said: “I fear going into Balbriggan as I don’t know who beat me.”

CCTV footage of the incident was played to the court. Cox has 16 previous convictions, most of which are from the District Court. Some of his convictions are of a similar nature.

The court was told that his co-accused was dealt with in the District Court, resulting in a fine of €350.

Garda McGinn agreed with Miceál O’Connor, defending, that most of his client's previous convictions were historic and his last conviction dated back to 2005. The garda also agreed that Cox had not come to any garda attention since this offence.

The garda agreed with counsel that the more extensive injuries were inflicted by the second group who attacked the men.

O’Connor said Cox is “totally apologetic” for what happened on the night in question. He said his client instructed that he had been out drinking and bumped into the co-accused, and they continued to drink.

Counsel said Cox is “appalled” by his behaviour and that up until then, he had stayed out of trouble for 25 years and had no addiction issues during this time. The court heard that Cox has a good employment history but is currently unemployed.

O’Connor said this was a very serious assault, and the CCTV footage was terrible, noting that Cox cannot explain it. He handed a letter of apology to the court, along with testimony from Cox’s ex-partner and others in his community.

He asked the court to give his client a chance and said that, as a token of remorse, Cox was in a position to offer €4,000.