Criminals escape jail terms for 'sinister' crime
Two convicted criminals have escaped with suspended sentences for their roles in an event described by Judge Frank O'Donnell as "inherently sinister, suspicious, dark and mysterious".
Derek "Dee Dee" O'Driscoll (aged 33), of Croftwood Park and Derek McLoughlin (aged 35), of Decies Road were arrested by gardaí just after their badly beaten victim, Mr Eddie Brennan, had been bundled into a car.
"He wasn't being taken to a birthday party, for certain," Judge O'Donnell said when he noted at Dublin Circuit Criminal Court that Mr Brennan denied he suffered any injury and claimed O'Driscoll and McLoughlin as his "lifelong friends".
"It is all very sinister and suspicious and deserves a lot more explanation," Judge O'Donnell said.
Garda Emma O'Sullivan told Judge O'Donnell previously that she had "suspicions" about the circumstances of the assault and said it could be related to the victim's alleged involvement with drugs.
O'Driscoll and McLoughlin pleaded guilty to assaulting Mr Brennan on March 16, 2005, causing him harm.
Judge O'Donnell imposed three year sentences on both but suspended them on conditions, including that they stay out of trouble for five years, remain under Probation Service supervision and directions for 12 months as well as participating in a victim awareness programme.
He said that if guilty pleas had not been offered by O'Driscoll and McLoughlin they would not have got away with three year suspended sentences.
Judge O'Donnell said it was fortunate for everyone concerned in this case that the gardaí arrived on the scene just after the beaten and bleeding victim had been bundled into a jeep.
"If the gardaí hadn't come along at that time the situation could have been very much more serious."
O'Driscoll had eight previous convictions, including bribing a garda, larceny, dangerous driving and assault, while McLoughlin had 16 which included malicious damage, burglary, dangerous driving and assault.
Gda O'Sullivan told Ms Mary-Rose Gearty BL, prosecuting, that she was in a patrol car driving to the city centre when she observed O'Driscoll and McLoughlin with two others kicking and punching Mr Brennan outside the James Inn Pub.
She said that before she could take any action Mr Brennan was bundled into a jeep, with two men either side of him, O'Driscoll in the front passenger seat and the jeep's owner McLoughlin driving.
Gda O'Sullivan said she observed O'Driscoll turn around and punch Mr Brennan several times while gardaí were in pursuit of the jeep which they stopped at Lally Road. The occupants were surrounded by gardaí and Mr Brennan fell to the ground with a bloodied nose. He appeared to be distraught and unsteady.
She said a search of the jeep yielded cable ties, a hockey stick, a baseball bat, a rod and sticks.
Gda O'Sullivan said Mr Brennan who did not attend the court hearing, refused to make a statement or seek medical attention. In a victim impact statement sought by the defence , Mr Brennan described the incident as "a misunderstanding" and said it was he "who should be going to jail".
Judge O'Donnell was told previously that O'Driscoll and McLoughlin were members of "a rescue party" trying to get Mr Brennan home at the request of his wife who had claimed he was "going off the rails" as a result of his alleged alcohol and drug addiction problem.
