Brothers took law into their own hands, court hears

Two Ballincollig brothers took the law into their hands when they heard an allegation that an elderly neighbour had been seen in the back garden of their own elderly mother’s home.

Paul Carmody, aged 38, of 107 Castlepark, Ballincollig, Co Cork, was jailed for a year and Jerome Carmody, aged 42, of Chapel Lane, Ballincollig, was given a suspended jail sentence.

Detective Garda Donal O’Connell said at Cork Circuit Criminal Court that the brothers had been out drinking together when they heard the allegation about Mr Geasley turning up in the garden.

They became incensed and went to the 68-year-old neighbour’s house, and left themselves in the back door. Mr Geasley was sitting on a sofa and Paul Carmody attacked him with handle of a deck-scrub injuring his face. Jerome Geasley was present but did not participate in the assault.

Paul Carmody pleaded guilty to trespassing at the home of Mr Geasley, damaging the house and assault causing harm, on July 12, 2013. Jerome Carmody pleaded guilty to a charge of trespassing.

Jerome Carmody’s barrister, Niamh Ní Donnabháin, said he was in the wrong place at the wrong time and went along with his brother. Judge David Riordan accepted it was clear that Jerome Carmody had played a part on prevailing on his brother not to go any further with the assault, particularly in the latter stages of the incident.

Judge Riordan said: “Paul Carmody took the law into his own hands, felt something untoward had been done and he went to sort out Mr Geasley, a man of some years. He went in through the back door and gave him a hiding. There was no permanent disfigurement but it was clearly a matter of some concern.

“He cooperated and pleaded guilty, he spared the injured party having to give evidence. He expressed remorse.

But the judge warned: “The court will not give any succour to people who take the law into their own hands...

“The appropriate sentence is two and a half years in prison. He will serve one year of that sentence. A wholly suspended sentence is not appropriate in the circumstances.”

As for Jerome Carmody, the judge said: “The appropriate sentence is one of two years. This can be wholly suspended.”


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