THREE MEN have been remanded on bail for sentence after they pleaded guilty to assault causing harm to a farmer aged 65 who later had a heart attack and died on his way to hospital.
Connie O’Sullivan (58), Annagannighy, Rylane; his son Finbarr O’Sullivan (25), Millview Terrace, Model Village, Dripsey; and his nephew, Thomas Byrne (25), Rylane East, had all been all charged with the unlawful killing of John Twomey on August 19th, 2008. The three had also been charged with assault causing harm to Mr Twomey’s brother Patrick (then 68) at Mount Rivers, Rylane on the same occasion, and a jury had been sworn in to try the three at Cork Circuit Criminal Court in a case expected to last two weeks.
Yesterday, just before the jury was called in for the start of the case, prosecutor Tom O’Connell asked Judge Patrick Moran for a break for talks between the sides.
Judge Moran granted a short adjournment, and upon return Mr O’Connell said the State was entering a nolle prosequi in respect of the manslaughter charges against all three, and was instead adding new assault charges against all three. He asked for them to be arraigned.
All three pleaded guilty to the new charge of assault causing harm to John Twomey at Mount Rivers, Rylane on August 19th, 2008, while all also pleaded guilty to assault causing harm to Patrick Twomey on the same occasion.
Byrne’s counsel, Tim O’Leary, said the charges arose from a dispute over a boundary on land at Rylane belonging to his client’s mother and Connie O’Sullivan’s sister, and asked that sentencing be adjourned until November. Judge Moran remanded all three on continuing bail to appear again on November 11th for sentence.