'Echoes of Brehon law' in case of Offaly man guilty of false imprisonment

A BARRISTER made reference to Brehon law during a plea of mitigation for Tullamore man Callan Ward before he was jailed for the false imprisonment of another man.

Blaise O'Carroll, SC, was addressing Judge Keenan Johnson during a sentencing hearing at Tullamore Circuit Court.

Mr O'Carroll drew the court's attention to letters which had been written by Mr Ward's wife, his oldest son, and a representative of a football team set up under the Offaly Traveller Movement.

Mr Ward's wife would suffer most as a result of her husband's imprisonment and was already under massive pressure with five children.

The man's son had written of how he had not been as confident during his first big boxing tournament because of the absence of his father who often coached him.

A trial had heard how Mr Ward threatened to “kneecap” John Murphy with a steel baseball bat when he held him against his will at Kilcruttin halting site and demanded €500 from him.

Mr Ward told Mr Murphy's wife in a telephone call that her husband would be in either Beaumont hospital or a graveyard unless the money was paid.

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Mr O'Carroll recalled that though the facts of the case were shocking, no physical injuries were caused to Mr Murphy and the victim attempted to withdraw his complaint against the accused.

Mr O'Carroll said the case before Judge Keenan Johnson was an unusual one. “In the culture the court is dealing with there seems to be an echo of the Brehon law where a dispute of this type would be settled within the parties and would be resolved in that way,” he said.

Defence counsel said he was aware the court had to look at the matter in the overall perspective of Ireland, its constitution, the laws enacted by Dail Eireann and the court's own function, but added: “I'd ask the court to attempt to balance both elements.”

He also quoted Aristotle on justice and mercy: “Aristotle was the one who highlighted the importance of mercy as even of higher value than justice.”

Judge Johnson replied: “Mercy seems to have been very absent in the commission of the offence.”