Two Carlow men who attacked a man after an evening of heavy drinking and drug taking will be sentenced later.
Philip Moore (41) formerly of Rathellen, Leighlinbridge, Carlow, now living in Carlow town, was convicted last week at Carlow Circuit Criminal Court of assault causing harm to Alan Rossiter (44) and false imprisonment at Moore’s family home in Rathellen between August 14 and August 15, 2022.
He had also pleaded not guilty to production of a knife and threatening to kill or cause serious harm during the same incident but the jury acquitted him on these charges.
His co-accused Shane Coady (25) of Bagnel Court, Bagnelstown, Carlow, pleaded guilty to a charge of assaulting Mr Rossiter causing him harm at Rathellen that day. The court heard that the Director of Public Prosecution accepted his plea on the basis that the charge of false imprisonment would be taken into account.
Moore had claimed that Mr Rossiter had attacked him the previous night and had made a statement of complainant to gardaí before gardaí had received a report on the attack of Mr Rossiter.
However, an investigation into Moore’s claim found no evidence to support it and a prosecution was never brought against Mr Rossiter.
Moore told gardaí on his arrest for the attack on Mr Rossiter that he “never laid a finger on the chap” and instead claimed that his friend Coady was responsible.
Judge Eugene O’Kelly previously referred to Moore’s defence as “a cut throat defence”, adding that he tried to shift the blame onto Coady.
He had remanded Moore on continuing bail at the conclusion of the trial but then issued a warrant for his arrest when he failed to show up for his sentence hearing on Wednesday last.
Detective Garda Tommy Cleere told Niall Storan BL, prosecuting, that he had executed that warrant by arrangement with Moore just before the court was due to sit for the afternoon session on Thursday.
Judge O’Kelly revoked Moore’s bail and remanded him in custody.
Det Gda Cleere told Mr Storan that Mr Rossiter made a statement to gardaí on August 15, 2022.
He said he had known Moore for about 27 years. He said Moore called him that day and asked him to go to the shop to pick him up whiskey, cigarettes and diet coke. He said he knew Coady was with him and said he had also known Coady for a number of years.
He picked the items up as requested, dropped them to Moore’s home and said he would call back later. He returned at 8pm that evening and headed into the kitchen of Moore’s home.
He said Coady was there with Moore and they all “did a few lines of cocaine”. He said about two hours later Moore “started to freak out” insisting that he “tell him the truth”.
He said he was ordered to “sit on the fucking chair and don’t move”. He said Moore was doing most of the shouting telling him to “tell the fucking truth”.
Mr Rossiter told gardaí he was afraid of his life and begging them to stop but they replied if he tried to run that meant he was telling lies, before Coady punched him. Moore punched him to the gut causing him to fall to the ground.
He said Moore then told him he would burn his face and started to boil the kettle. He also filled the sink with water and bleach and threatened Mr Rossiter that he would put his head in the sink. He was then told he was going ‘in the boot’.
Mr Rossiter said Moore put him in the boot, pushed his head down and closed it down on top of him.
Mr Rossiter said he was shouting and banging on the boot from the inside before the boot was opened and he fell out. He was told to get back into the house. He was handed the keys to his van and told to leave. He had to return for a moment to collect his phone which he had forgotten.
Mr Rossiter returned home and his mother insisted that he report the attack to the gardaí.
He later told gardaí that he was in fear of his life and his teeth were chipped – with dental records provided to the jury to support this.
Det Gda Cleere said Mr Rossiter had provided gardaí with the clothes he had been wearing that day.
A forensic examination of the boot of the car he claimed he had been placed in was carried out and fibres on the tape lifts taken from the boot matched fibres from Mr Rossiter’s clothing.
Both men were interviewed on arrest but Moore made no admissions. He said he “didn’t put my hands on the chap”. He said he saw Coady strike him two or three times.
Moore denied punching and threatening Mr Rossiter and alleged that Mr Rossiter had assaulted him the day before the attack.
Det Gda Cleere confirmed that Moore’s allegation against Mr Rossiter was investigated and that Moore had been medically examined but there was no evidence to support his claim and Mr Rossiter was never prosecuted.
Coady told garda in interview that Moore intimidated Mr Rossiter and he, Coady, threw the keys at the victim and told him to get out of there before Moore went mad.
He said he told Moore that he had gone too far and told gardaí that Mr Rossiter didn’t fight back – he kept telling them that he had done nothing wrong.
Coady told gardaí that Moore put Mr Rossiter in the boot and told him he was going up the mountains.
He accepted that he punched Mr Rossiter in the face and agreed that the man had been held against his will but again denied that he had put the victim in the boot.
The court heard that Moore had six previous convictions for road traffic offences, possession of drugs and an offence under the Domestic Violence Act.
Coady had convictions for production of an article, road traffic offences and two convictions for drug dealing.
Det Gda Cleere read Mr Rossiter’s victim impact statement into the record.
He said his quality of life has changed and he is now afraid and anxious and no longer feels safe when he is alone. He said he feels on edge.
He spoke of how Moore’s unfounded allegation against him “tarnished his name” in the local community.
He said he felt like he was on trial during the hearing rather than Moore and said Moore has never shown any remorse for his actions on the night.
Mr Rossiter said he struggles to sleep and is on medication for anxiety.
Det Gda Cleere agreed with Tara Geoghegan BL, defending Coady, that her client was happy to answer all questions put to him during interview and his account was “consistent” with that given by Mr Rossiter.
It was accepted that Coady said he gave Mr Rossiter his van keys and assisted him to leave.
Det Gda Cleere acknowledged that Coady has abided by all his bail conditions, has no convictions for assault and has not come to garda attention since. He had €1,000 in court to offer Mr Rossiter as a token of his remorse.
Det Gda Cleere agreed with Tom Kelly BL, defending Moore, that his client was acquitted on two counts.
He acknowledged that Moore has no previous convictions for assault.
Ms Geoghegan said a probation report before the court indicated that Coady had complied fully with them and had expressed shame and remorse.
The report also concluded that Coady had gained insight into his behaviour and “his level of empathy towards the victim is appropriate”.
Ms Geoghegan said her client hopes to make amends with Mr Rossiter in the future and mend the
relationship between them.
She said he has since returned to his family home and is clean and sober from all illicit substances.
Judge O’Kelly said it was a serious assault. He adjourned Coady’s case for six months and remanded him on continuing bail until that date.
Mr Kelly asked that Moore’s case be adjourned to allow for the preparation of medical reports. The case was adjourned to next July and Moore was remanded in custody until that date. The court heard that Moore is on medication as he is bi-polar.