*Photograph: John Mangan
A TULLA MAN has pleaded guilty to a farm-yard assault on his younger brother where the victim was left with a “large piece” of his ear missing.
At Ennis Circuit Court on Tuesday, Conor O’Halloran (41) pleaded guilty to the assault causing harm of his younger brother, Daniel O’Halloran at Liscullane, Tulla, Co Clare on May 5th 2021.
The State case against Conor O’Halloran was previously outlined at a district court hearing where the court heard that farmer, Daniel O’Halloran, then aged 35, was left with a “large piece” of his ear missing after the farmyard altercation with his older brother, Conor.
In court on Tuesday, counsel for the accused, Patrick Whyms BL told Judge Francis Comerford it is a case with a family background that involved a seriously ill parent, “land disputes and brothers in dispute and a very stressful situation for everyone concerned”.
Mr Whyms said that at the sentencing hearing of his client, he would be “relying upon psychological evidence”.
Mr Whyms asked Judge Comerford to extend the legal aid certificate for Conor O’Halloran to cover the cost of an expert report as part of the psychological evidence.
At a hearing of Ennis District Court in November 2021, Judge Alec Gabbett declined district court jurisdiction in the case after viewing colour photographs of Daniel O’Halloran’s left ear in the aftermath of the assault.
Judge Gabbett commented that “there is a large piece of the ear missing in this photo”. He said, “It is a significant injury.”
Insp Aiden Lonergan told Judge Gabbett that the medical report outlined that there was “a noticeable piece” of the left ear missing.
At that hearing, Insp Lonergan stated that Conor O’Halloran of Rosebank, Old Bawn, Tallaght, Dublin 24 is a Dublin based medical professional and is married with two children while Daniel O’Halloran resides at the Liscullane farm with his wife and son.
Insp Lonergan stated previously that the background to the incident is that the two brothers “are in disagreement due to tensions over land owned by Conor O’Halloran and farmed by Daniel O’Halloran and a suggestion on how an area of forested land should be used and owned”.
Insp Lonergan stated previously that it will be alleged on May 5th 2021 at Daniel O’Halloran’s farm yard, Daniel O’Halloran saw that Conor O’Halloran was there “in what could be described as a rage”.
Insp Lonergan stated that an altercation ensued with both men tumbling and tussling on the ground where it will be alleged that Conor O’Halloran bit the top of the alleged injured party’s ear.
Daniel O’Halloran was brought to University Hospital Limerick for treatment.
Prior to Judge Gabbett declining the district court jurisdiction in the case, the court heard that the DPP had recommended that the case be heard in the district court taking into account the injury, the incident, the character of both parties and bringing the matter to a quick conclusion and that the sentencing powers available to the district court would be able to deal with the case.
Judge Comerford adjourned the case to July 28th for mention to fix a date for sentence at a later date.
