Brothers ‘lucky’ not facing manslaughter charge
TWO Clones brothers who appeared in the town’s District Court yesterday were told that they should count themselves lucky they were not in Dublin facing a manslaughter charge.
Kenneth and Bryan Fitzpatrick of Fremagh, Ture, were facing a number of charges arising from an incident that took place on Fermanagh Street on New Year’s Eve.
The court heard that the two brothers, in the presence of Garda officers, attacked local man Emmet Mulligan, punching him to the ground before “kicking him around the mouth” as he lay there.
Pleading guilty to assault the brother’s defence solicitor told the court that an “awful lot of drink” had been taken on the night before the incident.
Taking time to read the medical report, Judge McBride, said Mr Mulligan “could have been killed” in the assult.
“He is lucky he didn’t receive more injuries. But for the the presence of the Garda that is what would have happened.”
The Judge referred to the injuries sustained by Mr Mulligan which included bruised ribs and a swollen wrist and meant he had to attend Cavan General Hospital for his injuries where he recived a plater of paris on his wrist as a precaution.
Asking Emmet Mulligan to tell the court how he was after the assault, he said that he was still feeling the effects.
“(Psycologically) it is still there but it is not as bad.”
He went on to say before he was attacked the brother’s accused him of owgin them money.
“They want to apologise unreservedly to the Gardaí and to Mr Mulligan,”
said the brother’s solicitor.
Referring to their “outrageous behaviour,” Judge McBride said that because the two brothers had no previous offenses he would order them to pay €1000 each to Emmet Mulligan and ordered that probation reports be compiled. He recommended that they be subjected to councilling for their behaviour and alcohol use.
The case was then adjourned until June 18 to give them time to pay the money and for the probation reports to be submitted.