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Jelly bean row that led to jail for three men

THREE men have been jailed at Dublin Circuit Criminal Court for an unprovoked assault on a a couple celebrating their engagement.

The men also beat and kicked a "good Samaritan" who tried to stop the assault. A fourth accused had his sentence adjourned to allow a probation report be prepared on him.

Thomas Magee (31), of Blackhall Street, and Wayne McDonald (26), of Annamoe Terrace, both in Dublin 7, who played the lead roles in the assault, were sentenced to 18 months each.

Alan Farrell (23) of Berkeley Street, Phibsboro, was jailed for a year while Carl Turner (22) of St Eithne Road, Cabra will be sentenced in October.


All four men pleaded guilty to violent disorder and two counts of assault causing harm in Abrakebabra, Phibsboro Road on May 12, 2008.

Detective Garda Raymond Lee told Gerardine Small BL, prosecuting, the four were part of a group of eight men who attacked Christopher Fiennes, his brother and his brother's fiancée.

Det Gda Lee said Magee had blamed Mr Fiennes for throwing a jelly bean at his head, despite another woman owning up to it, and became aggressive toward him.

Several other males entered the restaurant and began attacking Mr Fiennes and his two brothers in an incident which lasted around five minutes and was captured on CCTV.

Det Gda Lee said the fiancée was also accidentally punched during the fracas when she tried to shield her partner. Another man tried to pull them off but was dragged outside and kicked while on the ground.

The assault stopped when gardai arrived. The four were arrested over the next few weeks and all admitted their role although some claimed they were provoked into the fight by the victims. They all entered early guilty pleas.

Magee has no previous convictions and co-operated fully with gardai but Judge Katherine Delahunt noted that he and McDonald were the leaders of the assault.

Farrell told gardai he could not remember the incident because he was drunk and on drugs. He admitted he was the one who hit the woman but claimed he meant to hit one of the men.

Judge Delahunt said Turner had the least serious role and had come in towards the end of the incident. She said that it seemed out of character for him and remanded him on bail pending a probation report.

"This was a completely unprovoked assault on people on what should have been one of the happiest nights of their lives," Judge Delahunt commented.