Saturday 7 December 2019

Inmates attacked fellow prisoner with a cup in a sock and sweeping brush

Wheatfield Prison
Wheatfield Prison

Fiona Ferguson

Two inmates are to be sentenced for their roles in an attack on a fellow prisoner in Wheatfield Prison.

Limerick man Niall Carey (28) and his co-accused Daniel Martin (30) were part of a group who attacked Carey's cell mate following a row over personal items going missing.

Carey, of Hyde Road, Ballinacurra Weston, and Martin of Brookview Gardens, Tallaght Dublin pleaded guilty at Dublin Circuit Criminal Court to violent disorder at Wheatfield Prison on January 21, 2013.

Carey also pleaded guilty to assault causing harm to Noel Murray at the prison on the same date.

Carey has 40 previous convictions and is due for release in June. Martin has 47 convictions and was released last August.

A third man, Stephen Seery (34) of Ballyogan Vale, Carrickmines, Dublin was last year sentenced to six months imprisonment for violent disorder at the prison during the same incident.

Judge Patricia Ryan adjourned both men's cases until March and ordered probation reports.

Garda Kevin Mullahy told Garrett McCormack BL, prosecuting, that Carey and Mr Murray had shared a cell in the prison and had an argument the day before the assault.

The following morning Mr Murray was alone and remembered Martin coming in through the open door of his cell. Martin hit him, knocking him back onto the bed, and shouted “hit him with it.”

Four or five men came into the cell, but Mr Murray only recognised Carey. Mr Murray said he was being hit all over and Carey hit him with a cup wrapped in a sock. Mr Murray managed to struggle out of the cell and Seery, who was waiting outside, hit him with a sweeping brush.

Mr Murray suffered two broken bones in his arm and a large cut. He declined to make a victim impact report.

Keith Spencer BL, defending Carey, said his client had lost 56 days privileges as punishment within the prison. He said Carey had accepted committing the assault and told the prison governor that he had been assaulted the previous day.

He said Carey was remorseful and apologetic. Counsel said the men had resolved matters between them and there was no longer any bad blood.

Mr Spencer said Carey grew up in Limerick and was exposed to drugs and negative peer groups. He said he had recently become a father and now wanted to leave Limerick with his partner and live a law abiding life.

Damien Colgan SC, defending Martin, said his client had lost 43 days privileges and had not come to any adverse attention since his release. He said he was now in a relationship and had established supports within the community.

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