A Westmeath resident and his brother, who left a man brain-damaged after jumping on his head and kicking it after drink had been accidentally spilled during St Patrick’s Day celebrations, have been jailed.
James Joyce (26 ) of Dalton Park, Mullingar and John Paul Joyce (29 ) of Grove Lane, Coolock in Dublin admitted assault causing serious harm to Mr Conor Weldon on St Patrick’s Day 2006.
They also pleaded guilty at Dublin Circuit Criminal Court to violent disorder on the same occasion, at Coyote Saloon, Old Road in Rush, County Dublin.
Judge Patrick McCartan noted "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 then kicked him in the head and repeatedly slammed a door on it while he lay on the ground.
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.
Mr Weldon acquired brain injury and suffered a personality change, resulting in irritability. He spent several weeks in a coma and intensive care, suffered renal failure and pulmonary problems after the attack, and still uses a crutch.
Insp Marry told prosecuting counsel, Ms Caroline Cummings BL, that the savage attack came after Mr Weldon’s son bought some drinks at the bar and some of it accidently spilled on the coat or leg of a female member of the Joyce group.
She walked away but three men from the Joyce group attacked Mr Weldon and "things moved too fast" before the pub security man could restore order.
"All hell seemed to break loose," the proprietor, Mr Jason Peters, told gardai.
"There was a heave of people from the lounge area and Conor Weldon ended up on the ground."
He tried to pick himself up but one of the brothers was seen jumping on his head twice after which the other brother first kicked him in the head, before repeatedly opening and closing a door on it.
Insp Marry said that after that "Conor Weldon was not moving and there were bodies everywhere."
Mr Barry Hickson SC, counsel for James Joyce said his unemployed 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."
Mr Peter Finlay SC, counsel for John Paul Joyce, an apprentice butcher, 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 extremely severe life-threatening injuries. He’s a lucky man to have survived assaults of an extremely vicious nature.
"The brain injuries meant it 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."
