Corkman jailed for assaulting fishermen

A Corkman who was involved in a savage assault on two men in front of a 10-year-old girl while they were out fishing has been jailed for three years at Dublin Circuit Criminal Court.

A Corkman who was involved in a savage assault on two men in front of a 10-year-old girl while they were out fishing has been jailed for three years at Dublin Circuit Criminal Court.

Gary Kenny viciously beat Simon Moynihan a number of times with a pole while an accomplice, Keith O’Hara, who was wielding a baseball bat with four six inch nails protruding from it, beat his friend, Cormac Cremin.

Mr Moynihan’s young daughter, Chloe, looked on.

Garda Colm Noonan told the court that the assault lasted about 10 minutes and only ended after the young girl threw herself on top of her father to protect him.

Witnesses were drawn to the incident by the screaming and crying of the young girl at the scene where the victims had gone fishing at The Lough on the Togher Road in Cork.

Mr Moynihan was a carpenter who had been unable to work since the incident in September 2002 because of serious injuries he suffered to his arms and fingers but his main cause of concern was for his daughter who had to witness the attack.

Kenny, aged 29, from Colmcille Road, Gurranabraher pleaded guilty to two counts of assault causing harm on September 1, 2002. He has 18 previous convictions.

Garda Noonan told Ms Caroline Biggs BL, prosecuting, that O’Hara was also charged with offences surrounding the assault but had since absconded.

The case was sent up from Cork Circuit Criminal Court because a video-link facility was initially required so that the young witness could give evidence at a trial but Kenny pleaded guilty.

Judge Joseph Matthews described it as a "savage, premeditated attack". He felt a custodial sentence was the only appropriate outcome.

"I have to have regard that this was a joint enterprise attack and look at the weapons that were used. The damage done to Mr Moynihan in particular was very severe and he has suffered physically, emotionally and in every conceivable way," he said.

"I also must have regard to the fact that the assault was witnessed by a young girl who had to watch her father being badly beaten.

"The effects on her must be nothing short of traumatic but the only thing of substance that can be said on behalf of Kenny is that he pleaded guilty, thus sparing her the ordeal of having to give evidence in a criminal trial," Judge Matthews added.

Garda Noonan told Ms Biggs that Mr Moynihan had travelled from Kerry to Cork to visit his friend, Mr Cremin.

They went fishing in The Lough early on September 1, 2002, but at about 6.15am Chloe Moynihan alerted her father that there was someone at his car.

Mr Moynihan ran at this person, who was not Kenny, but he jumped in to another car. Mr Moynihan jumped on to the bonnet and kicked the windscreen before the car left the scene.

About 15 minutes later another car arrived and O’Hara and Kenny got out holding their weapons.

The two groups argued for a moment before the culprits attacked Mr Moynihan and Mr Cremin. Mr Cremin escaped with just some soft tissue injury.

The car the two men were driving was recovered some time later and the gardaí found the baseball bat with the nails and a golf club.

Kenny was arrested a short time later and admitted being involved in the assault.

Ms Elizabeth O’Connell BL, for Kenny, said her client had been drinking during the previous night and was also on ecstasy.

Garda Noonan agreed with Ms O’Connell that Kenny did suggest during the assault that they shouldn’t be doing it in front of the young girl.

She added that her instructions were that Kenny was now drug-free and had limited himself to five pints once a week.

He had a three-year child with his partner, who was expecting their second.

Ms O’Connell submitted that great weight should be given in this case to the plea of guilty because Kenny had spared Mr Moynihan’s daughter from giving evidence.

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