Brothers sentenced for pub assault and criminal damage

By Jessica Magee

A man who was refused drink at a Dublin pub proceeded to kick wing mirrors off patrons’ cars with his brother and assault a customer who tried to intervene, a court has heard.

 Shane Byrne (35) and his brother Luke (28), both of Foxdene Avenue, Clondalkin, pleaded guilty to assault causing harm and criminal damage at Boomers Bar, Woodford Walk, Clondalkin, Dublin 22 on St Stephen’s Day, 2022.

 At a hearing in Dublin Circuit Criminal Court on Thursday Judge Martin Nolan sentenced Shane Byrne to 16 months in prison, describing him as the “initiator” of the “obstreperous behaviour”.

 Luke Byrne got a fully-suspended sentence of 16 months.

 The court heard that when both brothers attempted to re-enter the pub after causing damage to the exterior of the pub and to several parked cars, a customer tried to prevent them.

 The victim was pushed to the ground and suffered a bad ankle fracture requiring an operation. Both brothers proceeded to kick and punch the man in the head and body. He was off work for three and half months.

 Garda Shane Devereux told Derek Cooney BL, prosecuting, that gardaí got a call from the manager of Boomers pub on the evening of St Stephen’s Day, reporting that there were two men on the premises damaging property.

 The manager said that two men and two women had entered the pub and that one of them, Shane Byrne, seemed to be highly intoxicated.

 The barman refused to serve him any more alcohol and he was asked to vacate the premises after he became aggressive and argumentative.

 Staff at Boomers managed to turn around the CCTV cameras on the outside of the building allowing gardaí a live view of what was happening in the car park.

 Shane Byrne was seen leaving the lounge entrance going up between rows of parked cars, kicking a number of car windows and kicking off wing mirrors.

 He then picked up a bin and threw it at the windows and doors of the pub, whereupon his brother Luke followed suit and both started throwing items at windows, including a heavy metal bin.

 A stained-glass window of the pub was damaged, along with electric shutters and the pub door.

 A customer came out of the pub and tried to stop Luke Byrne from re-entering the pub, but Luke pushed him to the ground, causing the man’s ankle to twist 90 degrees.

 While on the ground, the man was kicked and punched by both brothers.

 The victim spent a number of days at Tallaght Hospital before surgery. He declined to make a victim impact statement.

 Shane Byrne has 30 previous convictions from the District Court, including two from the UK, where he served two short sentences.

 Among his previous offences are assault causing harm, criminal damage, public order, theft and possession of drugs.

 Luke Byrne has no previous convictions.

 Gda Devereux agreed with counsel for Luke Byrne that he was a “secondary party” and had initially been calm inside the pub, trying to remove his brother from the premises.

 Counsel said Luke Byrne became “enraged” after his brother was involved in an altercation with other customers before they left the pub.

 Keith Spencer BL, defending Shane Byrne, said his client was wearing a cast on his arm on the day in question and that his top was ripped during an altercation with other customers.

 Both brothers wrote letters to court expressing their apologies and remorse.

 The court heard that the brothers’ mother died from Covid-19 in 2021 and that Shane Byrne discovered her deceased. After this, Shane Byrne and his father were unable to cope emotionally and began to drink heavily.

Shane Byrne fully accepts that his aggression on the day was uncalled for and disproportionate, counsel said.

 Shane Byrne has a daughter whom he supports financially and works full time with an engineering company, who described him as ambitious and driven with a strong work ethic, when he’s not drinking.

 Luke Byrne works as a warehouse operative and lives with his father whom he cares for, the court heard.

 A letter from a former partner described Luke Byrne as hardworking, reliable with a high level of empathy and compassion.

 Judge Nolan said he thought Luke Byrne had not intended to fracture a man’s ankle, but added: “When you push and shove, these things can happen.”

 He ordered Luke Byrne to collect €4,000 within a year and offer it to the victim via gardaí.

If the victim, does not wish to accept the money, it is to go towards a local charity of the victim’s choosing.