This article is from page 9 of the 2014-11-25 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 9 JPG
AN ENNIS man who admits striking a former Clare hurler in the side of the head with a pint glass walked free from court last week after his case was adjourned for a year.
Alan Markham suffered serious head wounds when he and a friend were the victims of a violent attack in Ennis on the night of December 21, 2013.
Mr Markham was socialising with friends when he was struck in the head from behind with a glass by Jordan Whelan (19) as he walked in the Abbey Street car-park.
Mr Markham, a Munster title winner with Clare, and a friend Sean Hogan chased three teenagers to the grounds of the Coláiste Muire secondary school.
Mr Markham was struck a number of times in the head and legs with a stick before being knocked to the ground.
Mr Markham was knocked to the ground where he was repeatedly kicked
“I just lay on the ground and covered my head”, he later told gardaí.
Three friends who had been drinking in Ennis on the night pleaded guilty to their respective roles in the robberies against Mr Markham and Mr Hogan.
Shane McCarthy (19), with an address at Shalee Drive, Ennis and Jordan Whelan (19), with an address at Dun na hInse, Ennis, admitted robbery of money from Alan Markham at the Coláiste Muire, Ennis on December 21.
Evan Toomey (18), with an address at Oak Park, Ennis, pleaded guilty to the robbery of € 100 from Sean Hogan, also at Colásite Muire, Ennis on December 21.
Mr Toomey and Mr Whelan both appeared before Ennis Circuit Crim- inal Court on Friday for sentencing.
Judge Gerald Keys said aggravating factors in the case were the fact that the robberies were “a joint enterprise, violence was used”.
He said mitigating factors in the case were the accused’s cooperation with gardaí and early admissions which saved the exchequer the cost of a trial.
The Judge said all three men had also expressed regret for their actions.
In respect of Jordan Whelan, Judge Keys noted his previous good record and his positive engagement with the Probation Services. Adjourning the case for a year, Judge Keys told Mr Whelan that if he stepped out of line again over the next 12 months he would send him to prison.
“That I promise you, I will do”, added the Judge.
Judge Keys continued, “I hold the view that when one gets into trouble for the f rst time, one should be given an opportunity. I am now giving you that opportunity.”
He said, “If you step out of line, I am telling you, you will go to jail.”
In respect of Evan Toomey, Judge Keys noted his bad record and the fact that he had committed further offences the commission of the offence on December 21, 2013. He imposed a two year sentence.
Mr Toomey also received an 18 month concurrent sentence for a theft related offence committed in Ennis on January 12, 2104.
He received a further two year consecutive sentence for theft and robbery offences committed in Ennis on March 2, 2014 while on bail.
Judge Keys said members of the public must feel safe walking the streets of Ennis, day or night, without fear of being “mugged or robbed”. Sentencing of Shane McCarthy was adjourned to a later date.