Malahide pub brawl pair released on bail

by Gazette Reporter

TWO friends who took part in a pub brawl which ended with a man losing his eye have been released on bail to engage with the Probation Service.
Judge Mary Ellen Ring said she would have preferred to keep Claire Darby (33) and Eamonn Burke (46) in jail while waiting to see if they were eligible for a restorative justice programme ahead of their sentence in June.
She told the court she was readmitting the pair to bail after they spent two days in custody, because both had responsibilities to their children.
Darby and Burke, both with addresses at Primrose Grove, Darndale, pleaded guilty at Dublin Circuit Criminal Court to violent disorder at the Kinsealy Inn, Malahide on December 3, 2010.
Darby had been celebrating her 30th birthday with guests, including Burke, when the manager asked the party to leave because he suspected they had been smuggling in their own alcohol.
Detective Garda Donal O’Connell said Darby threw down her birthday cake and joined in throwing objects, including beer bottles, glasses and flower vases, around the bar.
A glass shard from a vase that shattered on a pillar went into the now deceased Seamus Gaughan’s face, causing him to lose his eye.
Mother-of-two Darby has nine previous minor convictions, including road traffic offences and handling stolen property.
Burke, a father-of-five, has 41 previous convictions for driving offences, burglaries and thefts.
Det Gda O’Connell told Garnet Orange BL, prosecuting, that both Burke and Darby made limited admissions in interview after arrest and eventually pleaded guilty to the violent disorder offence before a trial date.
Det Gda O’Connell agreed with Bernard Condon SC, defending Darby, that Mr Gaughan’s injury was an “unintended consequence of the actions” of his client and her co-accused.
Mr Condon submitted to Judge Ring that his client was expressing “considerable remorse, shame and regret for the incident.
Mr McGrath submitted to Judge Ring that his client was also remorseful for his “out-of-character” offending. He said Burke had medical difficulties.
Judge Ring said she wouldn’t impose sentence until she had guidance to see whether the pair had “any real appreciation for what happened on the night”.
The judge said she was concerned that both had only expressed concerns for their own regard pending sentence, and not the consequences of their actions. She commented that a loss of liberty was temporary, unlike the loss of an eye.

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