Man who knocked out 14-year-old with hurley in street attack spared jail

Sunday World

a day ago

Defendant assaulted one of the boys by striking him with a hurley on the head which knocked him out
A chef who pleaded guilty to hitting a 14-year-old boy with a hurley and also assaulting his 16-year-old brother has been given a suspended 18 month jail sentence at Sligo Circuit Court
Daniel Walsh, (31) of Mullauns, Ballina pleaded guilty to assaulted Adam and Josh Conroy causing them harm on June 7, 2021 at Main Street, Easkey.
And he pleaded guilty to a charge of production of an article, namely a hurley, to intimidate or cause serious injury, while attacking Adam Conroy.
The court heard the defendant had been the subject of a European Arrest Warrant after he had re-located to France in August 2021, a couple of months after the incident.
Sergeant Kieran Whelan, led by Mr Leo Mulrooney, ,BL (Prosecuting) instructed by State Solicitor Ms Elisa McHugh told the court that Adam Conroy was 14 at the time of the assault and Josh was 16 and the defendant was 27.
In a statement Adam Conroy said he and his family who were from Westmeath, were at a holiday home in Easkey on the date in question.
He, his brother and a few other teenagers had ordered some takeaways at 4pm when one of the group waved to a passing car, thinking he knew them.
The car stopped, and a passenger, who was not before the court walked towards the group and started pushing them and they told him they wanted no trouble.
Walsh, who was the driver, also got out of the car and he and another man were holding hurleys and a woman was trying to stop them.
Adam Conroy's statement added that Walsh came from behind him and hit him on the head with the hurley.
The blow knocked him out and he was brought by ambulance to hospital.
Josh Conroy stated that one of the men began throwing punches and one of them kicked him on the ground and gave him a 'smack' on the side of the head.
The then 16-year-old said he could not be certain of who assaulted him. He was also brought to hospital.
Daniel Walsh pictured outside Sligo Courthouse
The court was told that one eyewitness said Josh Conroy's face was covered in blood and another eyewitness said Walsh had brought down the hurley on Adam Conroy's head like a sledge and he fell to the ground.
In his own statement, Sergeant Whelan said Garda Orla Greevy spoke with members of the public who had witnessed the incident and got the number of the car which had a Dublin registration.
Walsh was identified from CCTV footage obtained by Garda Sean Campbell, the court heard.
A medical report on Adam Conroy showed he had a cut over his right ear, had headaches with cuts to his ear.
The cuts had to be cleaned and injected with a local anaesthetic, the top of his ear was stitched, and he was prescribed antibiotics.
Josh Conroy had nasal and lip swelling, a chipped tooth, nose blee, pain to his left elbow and right hand and swelling to his face.
He was given pain relief, there was no fracture, but was given head injury advice.
Walsh was arrested on June 28 2021 and confirmed he was the owner of the car and admitted he had taken part in the incident.
He also confirmed that he had used the hurley but said:
'I poked the hurley at him, I didn't swing it.'
The defendant then discarded the hurley because he panicked.
He said he wanted to pay compensation to the Conroys.
The defendant had previous convictions for having no insurance, making off without paying and obtaining goods by deception. He was arrested on October 31 last year as he had been in France and was extradited back to Ireland.
Neither of the Conroys were in court but in a Victim Impact Statement Adam Conroy said he would never forget what had happened to him in Easkey and it 'was forever embedded in memory.'
It was an attack that made him angry and frustrated and it happened when he was only 14.
He had been in shock and in pain and he felt sick. And he had stopped playing hurling and it had affected him socially and it had a big effect on his well-being.
In his Victim Impact Statement, Josh Conroy said it was an unprovoked attack, and he had recurring nightmare, was feeling anxious all the time and thought his brother had died.
His confidence was low, and had been prescribed medication.
Mr Des Dockery SC with Keith O'Grady BL, instructed by McGovern Walsh Soliciors said there had been no metal band on the hurley.
The defendant co-operated fully with gardai and took responsibility for the assaults on both brothers even though there was some ambivalence about who gave Josh Conroy the smack.
A passenger had punched Josh Conroy in the face but there were no charges. The defendant was sorry, and it was totally out of character.
After the incident he had gone to work as a chef in County Monaghan and then to work in France and he wanted to compensate the brothers for his actions.
Walsh, led by Mr Dockery agreed that he had carried out an appalling act of gratuitous violence on children half his age.
'It sickens me to the stomach.' he said. The other man, who had never been charged, 'had been a good friend at the time.'
Asked for an explanation for his actions, he said:
'My life was spiralling out of control with alcohol and drug use.' He re-located to Monaghan.
He had been working but he had separated from his partner of seven year and he turned to alcohol.
The defendant had a daughter who was six years of age then and was now eleven.
He went to Monaghan to work and later got a job in Nice as a chef and had learned the language.
He was now in a new relationship with an Irish woman, and they were to be married shortly.
They had two small children.
The defendant told the court that while in France he went to AA as he had lost everything.
'I got help and I am now 29 months sober.'
He said he was also supporting others in recovery as a sponsor.
The defendant had got work as a chef in Blessington, County Wicklow and had a three bed-roomed house for him and his family.
He had also been offered promotion to take over the restaurant and he intended to become an addiction counsellor.
The defendant had been to the gym and had run a half marathon for charity as he wanted to give something back to charity.
He had worked hard to gather €10,000 for each of the victims.
One sum had come from an inheritance and the other was borrowed from the Credit Union.
The defendant had been drug tested in Naas on June 30 and had come up negative for drugs and drink in urine samples. He was asking the court for a chance
Mr Dockery asked the court to give credit for an early plea.
It was an act of stupidity, impulsive and irrational and the defendant was not the primary instigator but crossed the road to get involved.
The Probation report showed he had deep remorse and was at a medium risk of re-offending.
The defendant had made a big gesture of compensation, but he knew it was not definitive.
He had been deemed suitable for a community service order with certain conditions.
If he was jailed, he would lose his home. Copies of references were handed into court.
Daniel Walsh pictured outside Sligo Courthouse
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Mr Dockery asked the court to make the defendant's rehabilitation as a matter of importance and he wondered if an immediate custodial sentence would be of any benefit to society.
Judge Ronan Munro noted the two brothers had done nothing wrong. It was a shocking incident and Josh Conroy's face was covered in blood.
It was clear from their Victim Impact Statements that the incident had significant long term effects on both of them.
It was an unprovoked attack on two children and the defendant went out of his way, and he had sent them to hospital.
The custody threshold had been crossed the judge added.
The defendant had an early guilty plea and had shown remorse and had offered €20,000 compensation but money does not help in getting him off. But it was a penal sum.
The Judge imposed an 18 month sentence, suspended for five years on payment of €20,000. Walsh was ordered to comply with all requirements of the probation service, attend AA meetings, address anti-social behaviour and anger management and engage with the probation service.