Two of three men who appealed jail terms for carrying weapons as part of ongoing feud have sentences upheld
Three men who were prosecuted for having this stash of weapons in a car on March 18, 2023, appealed against jail terms imposed on them at Mallow District Court. However, the sentences were affirmed, with the exception of one man having the last month of his sentence suspended.
Detective Garda David Forsythe said at Cork Circuit Appeals Court on Tuesday that gardaí received an anonymous call from a concerned member of the public that members of the O'Brien family in Doneraile were on their way at lunchtime that day as part of a planned attack on the home of the O'Flaherty family on Connolly Road in Mallow.
Gardaí intercepted an orange BMW being driven towards River Valley, Mallow, Co Cork, and because of a smell of cannabis they indicated personal searches together with a search of the car were going to be carried out.
The five occupants of the car cooperated, as weapons, including the hammer, hurley and implement handles, were found in the car.
Det Garda Forsythe said there was no sign of the feud between the families abating and recently the conflict broke out in a physical altercation at Mallow courthouse, which disrupted court proceedings for a period and spilled out on the street.
'From a Garda point of view, it is quite time-consuming trying to keep a lid on these things. It is quite serious for people living in Mallow — it sullies the name of Mallow and frightens members of the public.
'Gardaí received a call that day that members of the O'Brien family in Doneraile were going to launch an attack on the O'Flaherty family in Mallow.
'The evidence is that it is still ongoing,' Det Garda Forsythe testified on Tuesday.
Barristers Brian Leahy and Liam M O'Brien asked for the sentences to be suspended or community service orders imposed instead of the jail terms, stressing there was no evidence against them causing any damage to the O'Flahertys' property and that their only offence was of being in possession of the implements.
However, Judge Boyle affirmed the six-month sentences under appeal by 37-year-old Kevin O'Brien and 49-year-old Richard O'Brien — both of Ballydineen halting site, Doneraile, Co Cork.
In respect of the five-month sentence appealed by 21-year-old Kevin Barry, of Inchnagree, Buttevant, Co Cork, Judge Boyle suspended the last month of the sentence.
All three appellants were then taken into custody to commence their sentences on the single charge of possession of the weapons on the day in March 2023.
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