One of three men convicted of multiple offences carried out during an attack on security guards at a repossessed farmhouse in Roscommon five years ago has described the case as a “farce” in a “kangaroo court”.
Mayo farmer Martin O'Toole (58) of Stripe, Irishtown, Claremorris, PJ Sweeney (44) and Paul Beirne (56) were found guilty earlier this month of 15 charges in relation to the incident at Falsk, Strokestown on December 16, 2018, including aggravated burglary, violent disorder and criminal damage to a door of a house.
Sweeney, a builder of High Cairn, Ramelton, Co Donegal; cattle farmer Beirne of Croghan, Boyle; and O'Toole were also found guilty of false imprisonment of and assault causing harm to Ian Gordon, Mark Rissen, John Graham, and Gary McCourtney.
They were further convicted of three counts of arson in relation to three vans and to causing unnecessary suffering to an animal by causing or permitting an animal to be struck on the head.
A fourth man - David Lawlor (43), of Bailis Downs, Navan, Co Meath - was found not guilty of the same 17 charges.
Mortgage
Garda Sergeant Enda Daly on Friday told Anne Rowland SC, prosecuting, that the property at Falsk was repossessed on December 11th, 2018 on foot of a High Court order obtained by KBC Bank, which held a mortgage on the property.
During the trial, the court heard that a group of approximately 30 armed men smashed their way into the house at Falsk just after 5am on December 16th, 2018.
It was the State's case was that the accused men and others who were present had gone there to take back the house for the previous owner Anthony McGann following the court-ordered repossession.
Evidence was heard that these men were armed with weapons, including a baseball bat, a meat cleaver, a hurley, a stick with nails in it, and a chain saw and that they attacked the security men who were guarding the property.
Ian Gordon, Mark Rissen, John Graham, and Gary McCourtney were each assaulted and sustained various injuries during the attack, which lasted around 14 minutes. A dog belonging to Mr Gordon was also struck on the head and later had to be put down due to the seriousness of its injuries.
Witnesses also saw three vans and other vehicles at the property which had been set alight during the incident.
Victim impact statements from five security men were handed into the court on Friday, but not read aloud.
Bodycam footage
Sweeney and O'Toole were identified from bodycam footage, but both denied they could be seen. Sweeney's home was searched in January 2019 and items including chain saws, a pickaxe, and hi vis jackets were found.
Google map with directions to Elfin, Co Roscommon were found on Sweeney's phone, along with photos taken by someone else of the property in Falsk when it was analysed.
When interviewed by gardai, O'Toole initially denied going to Falsk, but later accepted he had been there and things had gotten out of control.
Beirne's home was searched by gardai in December 2018 and a set of keys for a Volvo cattle lorry were found. The lorry's tachograph was analysed and this showed the route taken by the vehicle through Elfin to the property at Falsk, where it remained stationary for 14 minutes from approximately 5.07am.
Beirne was also a member of several Whatsapp groups dealing with repossessions and made several calls in the early hours of December 16, including some to Mr McGann.
When interviewed, Beirne initially told gardai he was at home on the night, but later admitted organising a group to go to Falsk with the aim of taking back the house peacefully and events got out of control.
He also accepted he had made a number of phone calls in the early hours, but said not all were in relation to Falsk. Beirne admitted he drove the front door in with a sledgehammer.
Sweeney has a number of minor convictions, dating back to 2010. O'Toole has several convictions including for criminal damage and road traffic offences while Beirne has a historic conviction for assault causing harm dating from 1999. He has had no convictions since 2001.
Sgt Daly agreed with Patrick McGrath SC, defending Sweeney, that his client's previous convictions were minor and he has been of good character. He also confirmed that Sweeney complied with all bail conditions and answered questions when interviewed.
Mr McGrath told the court that his client maintains he was not at the scene. He said he is “effectively a man of good character” who has worked hard to provide for his family and look after his late brother's family.
Mr McGrath said Sweeney's partner underwent medical treatment during the trial, and he has five children, one of whom is still in school.
Previous good character
Sgt Daly also agreed with Andrew Sexton SC, defending Beirne, that his client was a hard-working man, and that the cattle lorry remains in the possession of gardaí.
He accepted that Beirne did not send any Whatsapp messages and took responsibility for his role during interview.
Mr Sexton said his client was a man of “previous good character” for many decades. A letter from a GP in relation to Beirne's wife was also given to the court.
He said there was “no great subterfuge” in relation to the lorry and no evidence that Beirne assaulted or falsely imprisoned anyone.
He said his client accepts a degree of involvement, but declined to say that Beirne accepts the jury's verdict.
Defence counsel told the court that their clients did not personally benefit from the incident and also handed in medical reports and a number of testimonials.
O'Toole, representing himself, said he wished to put on record that “perjury” had been committed by gardai. He went on to describe the case as a “farce” and “fraud of the highest order” and told the court that “you are covering up that fraud”.
When asked if he wished to make a plea of mitigation, he told Judge Martina Baxter that it was a “kangaroo court” and “you can do what you like, traitor”.
Judge Baxter adjourned the case to July 28th for finalisation.
Following a trial of over three months, a jury at Dublin Circuit Criminal Court returned guilty verdicts in respect of 15 charges faced by the three men, but acquitted them of robbery of a wristwatch from John Graham and one count of arson in relation to a car which was allegedly set alight.
