Judge 'needs to see CCTV footage' before sentencing of three teachers, two others for violent brawl outside pub
Sentencing of three teachers and two other men for their part in a violent pub brawl has been adjourned so a judge can examine CCTV footage of the incident.
The five accused, who have admitted taking part in a melee at a well known Dublin pub, were remanded on continuing bail today.
Judge Brian O’Shea said he wanted to watch the footage himself before he finalises the case. He adjourned it to a date later this month for the video to be brought to court.
The five pleaded guilty to violent disorder in a row that broke out at McGowan’s pub in Phibsborough on July 14, 2017.
Teachers Michael Davitt (34) from Clanmaurice Road Donnycarney, Conor Shannon, (33), of Glendale Estate, Leixlip, Co. Kildare and Seamus O Cearra (34) from Mount Symon Green, Clonsilla, appeared at Dublin District Court over the punch-up which involved 10 people.
Stephen Cantwell (28) from Collins Avenue and David McSweeney (31) from McKee Avenue, Finglas are also charged with violent disorder in the incident.
Mr McSweeney faces an additional charge for producing a glass as a weapon during a dispute.
The case came before the court for sentence today when Judge O’Shea said he had not yet seen CCTV footage and he could not make a determination until he does so.
Judge O’Shea said he also needed something in writing so he could identify the various accused on the footage.
He said he was looking for “something that will allow me to identify what I am looking at.”
A garda sergeant said he had asked for the footage some time ago and he did not have it yet but “it will be got.”
The judge repeated that he “wouldn’t be satisfied to adjudicate on it” until he saw the CCTV.
“I am conscious that some of them are teachers,” he said, setting an adjournment date and asking if there was a period of mid term coming up.
Solicitor Michael Hanahoe, for the three teachers, said his clients would make themselves available for whatever date was set.
He said it would be more appropriate to leave mitigation until the next date. Solicitor Stephen O’Mahony, for Mr Cantwell and Mr McSweeney said he had not yet seen the CCTV footage and asked to be furnished with a copy.
The judge was handed testimonials on the accused before he adjourned the case to a date later this month.
Previously, the court heard the incident occurred at 2.40am and up 10 people got into a row which continued even after staff tried to separate them.
The fight continued for a while but was finished by the time gardai arrived.
It was alleged Stephen Cantwell was observed hitting another male from behind – after he had been punched by that man earlier in the row.
The court was told Michael Davitt was also in the melee and had thrown a number of punches “but not at anyone in particular”.
He also suffered a bloody nose after receiving a blow to the face, the court heard.
David McSweeney was also seen fighting and threw a glass which hit Seamus O Cearra who was injured and suffered a cut to his forehead.
O’Cearra was also kicked, however, he was also observed punching one man in the face knocking him to the floor.
Judge O’Shea heard Conor Shannon was knocked down during the fight though he was seen throwing punches, “but was not observed assaulting any person in particular”.
No damage was caused to the pub but bottles and glasses had to be cleaned up afterwards. None of the staff were injured, the court heard.