Roscommon eviction trial: Three jailed for 15 years for multiple offences against security guards

The men 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

Martin O'Toole, Claremorris, Co Mayo; Paul Beirne, Boyle, Co Roscommon; and PJ Sweeney, Ramelton, Co Donegal, were found guilty in June of 15 charges in relation to the incident at Falsk, Strokestown on December 16, 2018. File picture: Collins Courts

Three men convicted of multiple offences carried out during an attack by a “mob” on security guards at a repossessed farmhouse in Roscommon five years ago have each been sentenced to 15 years in prison.

Martin O'Toole, 59, PJ Sweeney, 44, and Paul Beirne, 57, were found guilty in June 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.

Mayo farmer O'Toole of Stripe, Irishtown, Claremorris; Sweeney, a builder of High Cairn, Ramelton, Co Donegal; and cattle farmer Beirne of Croghan, Boyle, 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.

Guilty verdicts

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.

A fourth man — David Lawlor, 43, of Bailis Downs, Navan, Co. Meath — was found not guilty of the same 17 charges.

Imposing sentence on Friday, Judge Martina Baxter said a “mob” carrying weapons arrived at the property in a rural location in the early hours of the morning.

She said this was a “well-executed plan” and the group were there to “make a point about repossession” and to “terrify the security men” to ensure they never came back.

Judge Baxter said the group arrived at the property to “cause havoc” and intended the people there would leave and “never come back”.   

She said the defendants were “part of and actively participated” in events and the evidence demonstrated “extensive planning and pre-mediation” on the part of those involved.

'Calculated cruelty'

She said these were “highly organised and deliberate crimes” which included an element of “calculated cruelty” designed to create “fear and terror”.

Judge Baxter said this case falls into the “exceptionally serious category of offending” and the defendants had a “high degree” of moral culpability.

She said there was an “large absence of mitigation” in this case, due to the lack of contrition and the “absence of humanity”. She said she took into account that the men had never been in custody for serious offending before and their family circumstances.

Judge Baxter noted the maximum sentence for false imprisonment is life imprisonment and the aggravating features in this case include that the injured parties faced humiliation and violation of their bodily integrity.

She said the evidence showed Mr Gordon was “singled out for particular attention” and was beaten and humiliated in a “truly callous” manner. She imposed a sentence of 15 years on each of the three accused for the false imprisonment of Mr Gordon.

She handed them 14-year sentences for the false imprisonment of the other three security guards, 13 years for the aggravated burglary, 10 years in respect of the violent disorder and arson charges, eight years for the criminal damage count and five years in relation to the charge of animal cruelty. All sentences are to run concurrently and are backdated to the date they entered custody.

No proof of rehabilitation

Judge Baxter said there was no proof before the court of rehabilitation and she declined to suspend any element of the sentences.

About 60 supporters and family members of the three defendants were present in court during the hearing.

There was heckling and shouting in court as the sentences were handed down. One person shouted “what a joke” and another said “you should ashamed of yourself judge”.

Before imposing sentence, Judge Baxter asked O'Toole, who was representing himself, if he wished to address the court or to seek the assistance of counsel.

O'Toole said: “I've been denied the right to a free and fair trial because my legal team refused to take my instructions, that's all I have to say”.