Court hears of street brawl in Boyle 

Four men have been given community service orders, with one also receiving a suspended prison sentence for public order offences committed during a street brawl in Boyle in October of 2022.

John Connolly (38), of Termon Road, Boyle, Oisín McCann (28), of Abbeytown, Boyle, Nathan McCann (24), of Park Court, Strokestown, and John McDonnell (27), of Knockrush, Boyle all appeared before Judge Kenneth Connolly at Roscommon Circuit Court.

The four were initially charged with violent disorder, with additional charges against Mr McDonnell of section 3 assault causing harm and criminal damage. They initially pleaded not guilty to those charges and a jury was sworn in last October.

However, before the start of the trial, they pleaded guilty to the lesser charge of section 6 public order, whereby they were behaving in a threatening, insulting or abusive manner, with Mr McDonnell pleading guilty to the section 2 assault of Oisín McCann.

Mr McDonnell pleaded not guilty to a charge of criminal damage to the windscreen of Nathan McCann’s car, and a nolle prosequi was entered, meaning the state would not move forward with the prosecution on that count.

All charges relate to an incident in the early hours of Saturday, October 22nd, 2022, on Green Street, Boyle.

Gardaí received reports of a row on the street and, when they attended the scene, there was no sign of an incident, the court heard.

They were then approached by Oisín McCann who was injured and said he was assaulted by a number of males, but he didn’t know their names. He lost eight teeth during the assault, which he said involved a number of kicks from a steel-toe boot.

An investigation commenced and a number of local premises were canvassed for CCTV footage. A number of witnesses were also spoken to and it became clear to gardaí that a serious public order incident had occurred, but each witness gave a different statement.

While it became clear Mr McCann had been assaulted by a number of men, it could not be determined which of the men had caused his injuries.

All of the accused gave voluntary caution statements and acknowledged their presence in some capacity, with Mr McDonnell admitting to pushing Mr McCann, but denying any more serious assault.

The court heard how an argument had started outside a bar, with a number of men shouting at each other before one of them got into a car, and another broke the window of that car.

Nathan McCann, Judge Connolly stated, was “least complicit” in these matters. He was only present because he had driven to town to pick up his brother, Oisín, and drive him home. In his statement to gardaí, he said someone jumped up on his car and smashed his windscreen.

He got out of the car and, along with his brother, found himself involved in a row before getting back in the car and driving home.

Mr McCann has a three-year-old son with health issues. He is currently in full time employment and is hoping to work as a security guard. He has no previous convictions and has come to no further adverse attention since this incident.

Judge Connolly said he had initially intended to give Nathan McCann community service but, given his child’s health difficulties, he opted to “spare him that” and applied Section 1(1) of the Probation Act, which allowed him to avoid a conviction.

His brother, Oisín McCann, was much more involved, Judge Connolly noted, and has a “relatively horrible previous history”, with 47 convictions already under his belt, mostly for road traffic offences.

“But even road traffic matters are crimes and some of them are fairly severe, including hit and run and failure to stop, involving imprisonment in the Midlands prison,” said Judge Connolly.

He failed to give his name and address, “which shows a certain attitude to An Garda Síochána and society at large, which I simply do not like”.

He has come to no subsequent adverse attention, but Judge Connolly noted that “perhaps that’s not the end of the road” for Mr McCann.

As a result of the assault, Mr McCann had to pay out a large sum of money to have his teeth fixed, he noted. He also runs his own business and has three children to look after.

Judge Connolly proceeded to impose a five week prison sentence, which he commuted to 100 hours of community service to be completed within one year.

John Connolly, who is 38 years old, “should know better than to involve himself in this kind of carry on”, Judge Connolly said.

“It is an aggravating factor for all that these events took place in a public place and were of a violent nature,” he added.

But he noted Mr Connolly, who is in part-time employment and also a carer for his father, had come to no subsequent adverse attention, which dissuaded the judge from imposing an immediate custodial sentence.

Mr Connolly has some previous convictions, including road traffic, public order and assault. He was similarly sentenced to five weeks imprisonment, which was again commuted to 100 hours of community service to be completed within 12 months.

John McDonnell was the most complicit in the incident, Judge Connolly noted. The 27-year-old was identified as one of a number of people who assaulted Oisín McCann, but it couldn’t be said with certainty who inflicted the injuries. For that reason, his plea of guilty was “very welcome indeed”.

His probation report was “not stellar”. He expressed some awareness that the incident may have caused distress to others present.

Mr McDonnell has also had the benefit of three suspended sentences - one of 14 months, suspended for 14 months, one of three years suspended for three years, and a third of two years, suspended for two years.

“It is very notable that this incident occurred only four months after he received those suspended sentences and it shows he wasn’t learning his lesson,” said Judge Connolly.

In fact this incident was a triggering offence for those sentences, which were imposed for the theft of a tractor and criminal damage to a Range Rover and a Ford Transit van in December 2019.

He has ten previous convictions, seven for road traffic offences and three for criminal damage, but hasn’t come to any subsequent adverse attention since this incident.

“Perhaps he’s learned his lesson, but that remains to be seen,” said Judge Connolly.

On the public order charge, he imposed a two month prison sentence, which he commuted to 150 hours of community service. For the assault, he imposed a three month prison sentence, which he suspended for one year on the condition that he remain under the supervision of the probation service for one year and address emotional regulation and alcohol regulation issues.

* Published as part of the Courts Reporting Scheme.