TWO BROTHERS who attacked a man with a hammer and blade as part of an ongoing feud have been jailed for two years at Dublin Circuit Criminal Court.
Paul Smith, Ardilaun Green, Mullingar, Co Westmeath, and Andrew Smith, Cedarbrook Avenue, Ballyfermot Dublin, beat David Murphy because he was allegedly demanding money from their mother to help with a court case. Paul (41) and Andrew (24) pleaded guilty to violent disorder at Spidel Park, Ballyfermot, on August 30th, 2007.
Judge Frank O’Donnell heard they were not charged with assault because the victim refused to co-operate with gardaí.
Garda Jason Miley told the court he was in a patrol car when he witnessed four men surround the car of Mr Murphy, who was visiting his sister-in-law with his wife.
Andrew, who was armed with a blade, broke the passenger window and got in the passenger seat where he attacked the victim who was in the driver seat. Paul, armed with a hammer, smashed the driver’s window and began beating him across the head.
The other two men stood beside the car carrying a pole and a wheel brace. Garda Miley said he saw Paul strike Mr Murphy at least three times with a hammer and the victim was slouched forward.
The men broke the windscreen before Garda Miley intervened and the four ran off. The garda chased after them and saw Paul throw the hammer away before he was caught and arrested.
Andrew was arrested shortly afterwards. The victim was brought by ambulance to hospital. He had received numerous injuries including cuts and bruises and his T-shirt was covered in blood.
Neither Smith made admissions to gardaí. Garda Miley said Andrew has 12 previous convictions including for obstruction of gardaí and public order offences. Paul has nine previous convictions including larceny and car theft.
Andrew’s defence counsel, Luigi Rea BL, said there was a lot of “ill-will” between Mr Murphy and the Smith family. He said the Smith’s mother had won the lottery and Mr Murphy had been demanding money from her.
He said a car belonging to the Smith family had recently been damaged as a result of the feud.
Mr Rea said Andrew was a father of two who had worked for several years as a delivery driver but was now unemployed.
Paul’s defence counsel, Pieter Le Vert BL, said his client had been a heroin addict but was now clean. Because of the assault he had been thrown out of his home and had split up with his partner.
Judge O’Donnell said it was lucky the men hadn’t killed or seriously injured somebody. He could see no difference between the two men’s involvement and jailed them both for two years.