Suspended sentences for six men involved in incident in town near Offaly border

Rocks, broken bottles and other debris were left on a street in Roscrea following an affray involving six men, Judge Cormac Quinn was told at Nenagh Circuit Criminal Court.

Patrick Foley, Church Road, Templemore; Stephen Foley, Ballyheen, Templemore; Martin Foley, Devil’s Bit Mountain, Templemore; Martin “Red” Harty, Parkmore, Roscrea, Martin “Sonny” Harty, Parkmore, Roscrea and Danny Harty, Parkmore, Roscrea, all pleaded to affray on Castle Street, Roscrea, on September 12, 2019.

Garda Kieran Tobin told the court that at approximately 11.10am that day a call came to the local garda station about an incident. He said rocks were thrown and weapons produced leading to the need for back-up assistance.

There were broken bottles and rocks on the road, which was a busy street in the centre of Roscrea. Footage of the incident, which was shown in court, was caught on CCTV and on a mobile phone, he said.

The entire affray lasted around five minutes. Garda Tobin said the incident arose from an intergenerational feud and on the day Danny Harty had arrived in the town to collect his social welfare.

Both the Hartys and the Foleys blamed each other on the incident that day.

Garda Tobin said Danny Harty could be seen on CCTV with either a pipe or a brush handle in his possession and was involved with Patrick Foley. Martin “Sonny” Harty had a copper pipe and had thrown a rock at Stephen Foley.

Martin “Red” Harty could be seen with a long wooden stick and could be observed throwing punches.

Garda Tobin said Stephen Foley could be seen carrying a tyre brace and copper piping and was observed throwing a rock and using weapons in a physical altercation. Patrick Foley could be seen waving a long stick but had not been involved with any other party.

Martin Foley was seen to strike Martin Harty with a long stick and behave in a threatening manner.

Five of the six later admitted their presence at the affray when arrested by the gardaí but Martin Foley had attempted to evade arrest.

Put to Garda Tobin that the six had an “appetite for mediation”, the garda said that his initial feeling was that there was “no appetite for mediation up to this point”.

Judge Quinn said he didn’t see any gain in “holding the defendants’ hands” after mediation.

“I am astounded that the people of Tipperary still engage in this behaviour from generation to generation,” he commented.

While he would not rule out mediation, Judge Quinn said he would not put the matter back “or we could be on a treadmill to nowhere”.

Bill O’Brien, BL, for Martin Foley, 42, said that his client was “living in a caravan up a mountain and keeping himself to himself”.

He said Mr Foley acknowledged the effect the incident had on the people of Roscrea and had €1,000 in his pocket for compensation.

Mr O’Brien said that Martin Foley had organised a mediation meeting for this coming week and asked that that option be explored.

John Madden, BL, for Stephen Foley, 23, said his client’s partner was expecting their second child, while Suzanne Gorey, BL, for Patrick Foley pointed out that he had not been involved in any physical altercation.

David Hand, BL, for Patrick Foley, 22, said his client felt there was now “an opportunity to put the matter to bed and for them all to co-exist in a peaceful manner”.

Mary O'Dwyer, BL, for Martin “Red” Harty, 27, said her client had needed stitches to his head after the incident, and had exercised restraint having been hit on the head.

“He says he is sorry he ever got out of the car. They accept they need to resolve their differences,” she said.
In relation to Martin “Sonny” Harty, 28, Ms O'Dwyer said that he had picked up a piece of piping and thrown a rock while he was retreating.

Kenny Kerins, BL, for Danny Harty, 31, said his client accepted the “outrageousness” of the incident and took full responsibility for his actions.

Judge Quinn said the incident had happened due to a multi-generational feud which was being “blindly followed”.
He described the incident as “serious violence in open view of the good people of Roscrea. The people of Roscrea should be able to go about their business without a medieval feud.”

Judge Quinn sentenced each of the defendants to two years in prison, suspended for two years, on condition they enter a bond of €200 to keep the peace and avail of the Traveller Mediation Service for a period of two years. He also directed that they have no contact.

“If they happen to meet anywhere in Ireland they are to do a 360 degree turn,” he warned.