Brothers sentenced for assault on American tourists

By Isabel Hayes

Two men who set upon two American tourists in a “cowardly, nasty and violent” assault have been jailed for two and a half years and 18 months respectively.

The tourists – twin brothers aged 20 – were walking home through Temple Bar on July 19 last year when they were punched, kicked and had a wallet and phone stolen from them, Dublin Circuit Criminal Court heard on Monday.

Cian Cleary (23) of Ard na Greine, Bray, Co Wicklow pleaded guilty to assault causing harm and robbery of one of the men, while Patrick McCarthy (28) of Kilfenora Road, Crumlin, Dublin pleaded guilty to two counts of assault causing harm to both men at Temple Bar, Dublin.

CCTV footage of the assault was played in court.

Cleary has 61 previous convictions, including criminal damage, theft and possession of knives, Garda Ciara Tyrell told Caroline Cummings BL, prosecuting.

McCarthy has 18 previous convictions, including for drugs and criminal damage.

Sentencing the men on Monday, Judge Elva Duffy said the extremity of the violence was clear from the CCTV footage of the assault.

The court heard that the brothers were walking home to their accommodation when Cleary cycled by them on a bike before dismounting and punching one of the twins in an unprovoked attack. The man immediately fell to the ground.

After he picked himself up and the brothers continued to make their way home, they once again came in the path of Cleary, who had met up two other men including McCarthy.

McCarthy and Cleary proceeded to separate the brothers and assault them both, punching and kicking them repeatedly before Cleary stole a wallet and mobile phone from one of them.

Before they left the scene, McCarthy threw a bottle of Lucozade at one of the victim’s heads.

Judge Duffy told McCarthy and Cleary that she hoped they were deeply ashamed after seeing the footage played in court. It was a “cowardly, nasty and very violent” assault, she said.

There was no victim impact statements in court, but the judge said it was clear the assault would have had an impact on both young men. One was taken to hospital with a welt to his forehead and required a brain scan. The other was described as sore and shaken after the assault.

Judge Duffy sentenced Cleary to three years and three months’ imprisonment with the final nine months suspended. She sentenced McCarthy to two and a half years with the final 12 months suspended.

She warned both men that she would not hesitate to impose the suspended portion of the sentence on them should they come back before the court during the probation period.

Aidan McCarthy BL, defending Cleary, said his client had a “sad and fractured background”, spent time in care and completed his Junior Certificate in Oberstown juvenile detention centre. He started using drugs at the age of 13.

Keith Spencer BL, defending McCarthy, said his client had completed second level education and did a sports and fitness course before working on building sites. He hopes to continue working in construction upon his release, counsel said.