One of the men convicted for his part in what was described as a "sustained and brutal" attack on security guards protecting a repossessed house near Strokestown in Co Roscommon almost five years ago, described the Dublin Circuit Court today as "a kangaroo court" and called the judge "a traitor."
58-year-old Martin O'Toole of Stripe, Irishtown, Claremorris in Co Mayo, was convicted on 15 of the 17 charges he faced along with two other men, 44-year-old Patrick Sweeney of High Cairn, Ramelton in Co Donegal, 56-year-old Paul Beirne of Boyle in Co Roscommon.
All three had denied the charges.
The court heard today that Patrick Sweeney still maintains he was not there that night, while the other two told the gardaí the situation got out of control.
The men were convicted by a jury of taking part in the violent attack in the early hours of 16 December 2018 at the house at Falsk at Strokestown.
The house had been repossessed by KBC bank, and the owner of the property, Anthony McGann who lived there with two siblings, had been forcibly removed five days earlier.
Security personnel were staying at the house, sleeping and keeping watch in shifts.
At around 5am on 16 December 2018, a group of around 20 to 30 people arrived at the property in a truck or a lorry.
The court heard they were armed with pickaxes, chainsaws, meat cleavers, baseball bats, a stick with nails in it, a chain saw and hurleys and that they forced their way into the house.
The security guards were seriously assaulted. Their vehicles were set on fire, windows and doors in the house were smashed and a German Shepherd dog was beaten and had to be put down by a vet.
One of the security guards who had been attacked told the jury he thought he was going to die.
Ian Gordon described how his German Shepherd dog, called Quinn, was beaten unconscious with a baseball bat and how he was forced to eat its faeces.
The dog was later put down due to the severity of its injuries.
Patrick Sweeney was caught on one of the security guard’s body-worn cameras.
He was shown wearing a hunter's cap with fur-lined ears and carrying a pickaxe handle and a chainsaw which was revving.
When gardaí searched his home, they found a large number of chainsaws, a similar grey hunter's cap and a pickaxe handle.
A forensic examination of a phone found showed a Google Map at 12.34am on 16 December 2018 with directions to Elphin in Roscommon from Sweeney’s home in Donegal as well as a photo of a van at the house in Falsk.
He also told the gardaí that he had been bankrupted previously and that while the hat in the footage looked like his, he denied it was him on the body camera.
Martin O’Toole was also identified from the body camera footage and was shown going into the kitchen of the Falsk house holding an implement.
A number of messages sent around the attack were also linked to him including:
"Don’t forget meeting tonight in Elphin – important everyone attends."
"Meet at Elphin mart 4.45am – I will meet you at your house at 4."
"Call on the young lads if possible."
"What happened during the week, party at high noon morning, are you on?", and: "The final offensive is on the way."
At 10.55am, later on the morning of the attack on the 16 December 2018, a message was sent:
"House in Roscommon taken back, I said good news would come."
O’Toole told the gardaí he had difficulties with the banks, he didn’t believe in mortgages and as far as he was concerned the situation in Roscommon related to people coming in from another country and it was an invasion.
He originally told the gardaí he wasn’t there but came to see it afterward.
However, he later admitted he had been present and said "it just went out of control."
Martin O’Toole represented himself in court today and disputed the assertion by gardaí that he has a conviction for a barring order. He has previous historic convictions for road traffic and public order offences and was sentenced to two months in prison in February 2018.
He stood up in court today and accused the gardaí of perjury, complained about the fact that another person had not appeared in court and had "got off scot free" and told the judge that "this is fraud of the highest order and you’re covering it up."
"Mr O’Toole only exists on paper," he told Judge Martina Baxter. "It’s a kangaroo court. Do what you like you traitor."
Paul Beirne, who works in the cattle business, drove the lorry that night.
He was a member of a number of WhatsApp groups dealing with repossessions including "The West Awake" and the court was told that the owner of the house, Anthony McCann, was also a member.
There were a number of calls to Mr McCann and a number of messages linked to Paul Beirne, including three days after the attack
"Well done, no repos here either," and "UDA at farm in Roscommon."
When the gardaí searched Beirne’s home and shed, they seized a truck and found a drawing of a map of the house in Falsk in a pocket.
The truck had a tachograph which recorded the distances, speed and time of journeys. When the data was downloaded it was apparent the truck had travelled to the Falsk house and was there for the 14 minutes the attack took place.
Beirne originally denied having a phone and said he lost it and told the gardaí he had been renting out a truck. He also said there was a repossession order against him, but he wasn’t worried about it because he could pay.
He initially told the gardaí he had been in bed the night of the attack and got up at 9am that morning, but subsequently admitted he had been in Falsk and had collected people.
He said the purpose was to take back the house peacefully, but it just went out of control and had taken on a life of its own.
He also has previous historic criminal convictions including two for assault for which he was sentenced to three months in prison
All the victims gave evidence during the trial about being terrified and in fear of their lives, but their victim impact statements were handed in to the judge today and not read out in court.
Patrick Sweeney, Paul Beirne and Martin O’Toole were found guilty by a jury in May of false imprisonment and assault causing harm to four security personnel; arson to three vehicles, aggravated burglary, criminal damage to the front door of the house, violent disorder, and causing unnecessary suffering to an animal by causing or permitting an animal to be struck on the head.
They were found not guilty of arson to one of the cars, a Vauxhall which was set alight, and robbery of a wristwatch from one security guard.
Judge Martina Baxter said she will sentence the three men on 28 July.
