Brothers from Macroom refused to make complaint against each other after fight

Gardaí who rushed to the scene of a domestic dispute between two brothers were later told the brothers were unwilling to make statements of complaint against each other.
Brothers from Macroom refused to make complaint against each other after fight
Shane O’Driscoll, 27, and John O’Driscoll, 21, both pleaded guilty at Cork Circuit Criminal to committing affray at Millstreet Road, Macroom on March 19 2017, in that they used or threatened to use unlawful violence towards the other in such a manner that would lead the other person to fear for their safety.

Gardaí who rushed to the scene of a domestic dispute between two brothers were later told the brothers were unwilling to make statements of complaint against each other.

However, because of the seriousness of the incident the brothers were prosecuted for engaging in an affray.

The incident at the centre of the case occurred back on March 19 2017 and at Cork Circuit Criminal Court the two brothers were given suspended jail terms.

The pair had to be separated from attacking each other by gardaí at their family home on the night in question.

Shane O’Driscoll, 27, and John O’Driscoll, 21, both pleaded guilty at Cork Circuit Criminal to committing affray at Millstreet Road, Macroom on March 19 2017, in that they used or threatened to use unlawful violence towards the other in such a manner that would lead the other person to fear for their safety.

Detective Garda Pat Prendergast told how gardaí received a phone call from their father, William, at 4.40am that morning calling for an ambulance at his family home. Det. Garda Prendergast and Garda Brian Ahern arrived at the house to meet John O’Driscoll outside the house who told them that he had stabbed his brother, Shane, who was inside the house.

Shane emerged from the house and struck John O’Driscoll with a claw hammer on the back of the head and was very aggressive towards both his father and the gardaí, Det. Garda Prendergast testified.

Det. Garda Prendergast said that Shane O’Driscoll had a stab wound to his back while John O’Driscoll had a wound to the back of his head but neither suffered serious or permanent injury in the incident.

He said that Shane O’Driscoll had 31 previous convictions including one for assault causing harm while John O’Driscoll had six previous convictions including for public order and unlawful taking of a car.

They had both gone for treatment for alcohol addiction issues in November 2019 and since they completed this course and returned to Macroom to live with their father, they had not come to the attention of gardaí.

Judge Sean O Donnabhain said that in the circumstances, including the fact that they had been of good behaviour since returning home post-treatment he believed the appropriate sentence was 18 months suspended for both men.

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