Jail sentence for brothers who left victim brain-damaged

Two brothers who left their victim brain-damaged after jumping on his head and kicking it have been jailed by Judge Patrick McCartan at Dublin Circuit Criminal Court.

They beat Mr Conor Weldon during St Patrick’s Day celebrations in Rush, Co Dublin after his son accidently spilled some drink on a member of their group.

John Paul Joyce (aged 29) of Grove Lane, Coolock and James Joyce (aged 26) of Dalton Park, Mullingar, Co. Westmeath pleaded guilty to assault causing serious harm to Mr Weldon on March 17, 2006 and to violent disorder on the same occasion, at Coyote Saloon, Old Road in Rush.

Inspector Pat Marry told prosecuting counsel, Ms Caroline Cummings BL, that Mr Weldon was then savagely attacked by the Joyces. He was rushed by ambulance to Beaumont Hospital and eventually transferred to the National Rehabilitation Hospital, where he still receives care.

Insp Marry said Mr Weldon acquired brain injury and suffered a personality change, resulting in irritability. Mr Weldon, who still uses a crutch, spent several weeks in a coma and intensive care, suffered renal failure and pulmonary problems after the attack.

Judge McCartan noted that "it was more than six months" before Mr Weldon learned to walk again after one of the Joyces stamped on his head twice, and his brother kicked him in the head as well as repeatedly slamming a door on his head while he lay on the ground.

Mr Barry Hickson SC, for James Joyce said his client was married with a 14-month-old child. He asked for "some credit" for his guilty plea, saying that it would have been a long trial with 80 witnesses.

"He asks me to express his sorrow and regret to Mr Weldon," said Mr Hickson. "He has arranged to collect some money, €10,000. He has a brother with some land." he said of his unemployed client who he said was "in receipt of the dole".

John Paul Joyce, an apprentice butcher, had three previous convictions for being drunk, threatening and abusive behaviour and a road traffic offence.

His barrister, Mr Peter Finlay SC, said he was remorseful and ashamed of what he did.

"Because of his brother’s good fortune, he also has €10,000 to be handed over to the victim," said Mr Finlay. "One is a little embarrassed to suggest that this makes any difference."

Judge McCartan said that what occurred was completely unjustified and the result of "an everyday risk of spilling a small amount of alcohol from a glass."

"The upshot was that Mr Weldon ended up with extremelly severe life-threatening injuries. He’s a lucky man to have survived assaults of an extremelly vicious nature.

"The brain injuries took more than six months in hospital to help him back to his feet. He has severe changes to his life and this has placed his own marriage under stress and strain," he continued. "Because some drink was spilt, his life has changed uttterly."

Judge McCartan sentenced John Paul Joyce to three years in prison with the final year suspended in lieu of the €10,000 compensation and took the violent disorder into consideration.

He jailed James Joyce for two-and-a-half years for the assault and took the violent disorder into consideration. He also suspended the last 12 months of his sentence.

"One gets two years. One gets 18 months. I get the rest of my life. Is that supposed to be justice? I just can’t understand it," Mr Weldon told reporters afterwards.

His daughter, Ms Clodagh Weldon, said: "All of our lives have been ruined by this. None of our lives will ever be the same."