Two Carlow men have been sentenced for their roles in the attack on a man after an evening of heavy drinking and drug taking.
Philip Moore (41) formerly of Rathellen, Leighlinbridge, Carlow, now living in Carlow town, was sentenced to four years and three months in prison. The final 18 months of the sentence was suspended and the term was backdated to when he first went into custody last May.
Shane Coady (26) of Bagnel Court, Bagnelstown, Carlow, received a suspended sentence of two years and three months after Judge Eugene O’Kelly accepted evidence that he was “acting under the direction” of Moore on the night.
Coady has been ordered to keep the peace and be of good behaviour for that time after the court heard that The Probation Service concluded that he does not need their intervention.
The court heard that Alan Rossiter (44) had been struck in the face by Coady and punched in the gut by Moore before he was bundled into the boot of a car and told he was going to be taken up the mountains. The victim claimed that he had been kept in the boot for about ten minutes.
Moore was convicted last May at Carlow Circuit Criminal Court to assault causing harm to Mr Rossiter and the false imprisonment of him at Moore’s family home in Rathellen between August 14 and August 15, 2022.
He had also pleaded not (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.
Coady had 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.
Detective Garda Tommy Cleere told Niall Storan BL, at a sentence hearing last May 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 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 – dental records had been 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 and 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.
Sentencing Moore, Judge O’Kelly said the false imprisonment was aggravated by the fact that Moore had contacted the victim that night and asked him to come out to the house for a party. He was then set upon by Moore and Coady.
“Following the assault Moore orchestrated the taking of his victim and putting him into the boot of a car. This false imprisonment is aggravated by the use of violence prior to the incident – not simply being locked in a room but being put into the boot of a car with the victim being threatened that he was going to be taken up the mountains,” Judge O Kelly said.
The judge said the case was further aggravated by the fact that Moore “blamed everything on his co-accused” during the trial.
He acknowledged that Moore said he was “acting in retribution for what he believed was some wrong that was done against him” before he added “but no citizen is entitled to take the law into his own hands”.
Judge O’Kelly set a headline sentence of five years before he took into account mitigating features.
He said Moore’s remorse is “entirely absent so mitigation is limited” but he acknowledged that he has attempted to deal with the issues he had with both drink and drugs at the time of the attack.
Judge O’Kelly further accepted that Moore is doing well since his remand in custody is attending school in the prison and has been given roles of responsibility in the jail, before he suspended the final 18 months of a term of imprisonment of four years and three months.
Sentencing Coady, Judge O’Kelly said that a report from The Probation Service said he was acting under the influence of Moore and that he was “in the throes of an addiction” at the time.
He said “it was a particularly nasty assault on the victim” as he was placed in a chair and “menaced” by Moore before he was struck.
Judge O’Kelly acknowledged Coady’s guilty plea and admissions.
He said “the sincerity of his remorse” is particularly striking before he accepted that Coady had €3,000 in court to offer Mr Rossiter as a token of his remorse.
ADDITIONAL EVIDENCE
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.
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.
Mr Kelly asked the court to accept that his client has no previous convictions for violence and has not come to garda attention since.
Counsel said Moore has since made efforts to deal with his alcohol and drug addiction and is attending school in the prison.
Mr Kelly said his client is from “a good supportive and pro-social family”. He said he has a history of mental health difficulties before he added that he has “a long ongoing road for him” to deal with his misuse of substance, which he said was a significant feature in this offending”.