Man jailed after 'a completely unprovoked attack' on retired neighbour

Judge Colin Daly sentenced him to three years imprisonment with the last six months suspended.
Man jailed after 'a completely unprovoked attack' on retired neighbour

The retired woman who was attacked by a neighbour at the front of her home in a rural area of Cork believes from what he said to her during the vicious assault that he had been watching her.

The retired woman who was attacked by a neighbour at the front of her home in a rural area of Cork believes from what he said to her during the vicious assault that he had been watching her.

Earlier this week, Hugh O’Brien railed against the unanimous jury verdict against him, saying they were wrong. Today he had to be removed from court as he repeatedly ignored the judge’s directions for him not to interrupt and complained of garda ‘corruption’.

Judge Colin Daly sentenced him to three years imprisonment with the last six months suspended. The 52-year-old spent approximately six months on remand in custody before securing bail pending trial and this period will be taken into consideration.

Judge Daly said: 

“He has a history of violence with and against his neighbours… A further aggravating factor is that this was an attack on a vulnerable woman in her own home – a completely unprovoked attack.” 

The judge remarked that the accused is a big man and the judge said he was sure the victim would not take offence at being described as a small woman.

'Viciously attacked'

Mary O’Brien Daly said today: “The events of December 8 2021 have altered my life irrevocably. That afternoon, the peace and serenity of our home of 32 years was shattered by the assault on me by Hugh O’Brien. 

"I was his ideal victim, a middle-aged, small woman, living in a secluded place, alone and completely vulnerable.

“I was aware this man had a nasty reputation, that he had bad relations with his neighbours and that he had been involved in criminal activity. But I had never engaged with him… Seeing him there on my doorstep, I thought he was there for some legitimate purpose. So I went out to enquire what he wanted.

“I was viciously attacked. I was not aware how violent, cruel and volatile this man is. I know now.

“In the course of the trial he has repeatedly shown he has no respect whatsoever. Indeed he has shown contempt for the gardaí, the judiciary, truth or law and order in any shape of form. He is unrepentant for the havoc he has caused in my life.” 

Ms O’Brien Daly outlined the physical suffering she endured as a result of the attack and the efforts she and her husband had taken to protect their home.

“But I remain fearful as I sincerely believe that this man – should the opportunity to harm me present itself again – would commit further violence or threats of violence on me. In light of what he said to me in the course of the assault, it is my belief that he had been watching me. The physical proximity of his mother’s land facilitated the opportunity for him to monitor my movements easily without leaving my property,” she said.

Interruption

The sentencing hearing was interrupted when Hugh O’Brien spoke over a detective’s evidence saying, “I am being lied to by the corrupt, crooked cops.” 

Judge Colin Daly gave Hugh O’Brien three warnings not to interrupt proceedings at Cork Circuit Criminal Court. On the third occasion when Mr O’Brien of Ballyanly, Inniscarra, County Cork, spoke up loudly from the dock, the judge directed that he be removed from court.

He complained of “an outrageous lie” about his previous convictions.

Detective Garda Mick Dolan said as he was outlining the defendant’s seven previous convictions that he was aware that the accused contested them, so brought certified printed copies of the convictions before giving this evidence. They included convictions for assaults on two other neighbours, the witness said.

As the evidence was being given, Hugh O’Brien said: “If I had 200 previous convictions, Dolan (the detective garda) would do more talking. You’d swear I killed ten people the way he is talking.” 

Judge Daly finally ordered that the accused be taken out of court and brought to a video suite in the courthouse by the prison officers for the sentencing to continue with the accused appearing in court by video link.

Conviction

He was convicted of assault causing harm to his retired neighbour, Mary O’Brien Daly, on December 8 2021, by the unanimous decision of a jury this week after they deliberated on the evidence for less than an hour.

Mr O’Brien spoke up in the dock also on February 21 when the unanimous guilty verdict was delivered: “The jury got it wrong – W.R.O.N.G. – I am innocent of this charge.” 

Attack

On December 8 2021 he arrived at her home in the early afternoon and punched Ms O’Brien Daly in the face and kicked her when she was on the ground, accusing her of stealing his mother’s post.

Despite denying that he said or did anything or even knew the victim, the unanimous decision of the eight men and four women of the jury to find Hugh O’Brien guilty of assault causing harm was reached after less than one hour of deliberations at Cork Circuit Criminal Court.

No sooner had the jury left the room than Mr O’Brien spoke up in the dock: “The jury got it wrong – W.R.O.N.G. – I am innocent of this charge.” 

The speed with which he spoke up was in stark contrast to the speed with which he answered questions. It took him seven minutes to take the oath – something that is routinely done in seconds in court cases.

He eventually removed his mask and baseball hat to give evidence but initially refused and said to Judge Daly: “I have no intention of taking off my hat and mask. I wear it everywhere… Covid is rampant. People are coughing, sneezing and farting in court… There are farters, coughers, sneezers and spitters in this room.” 

Ms O’Brien Daly, said in her evidence in the trial, “I really thought he was going to kill me.” Ms O’Brien Daly said the defendant’s mother’s name is Mary O’Brien and that a few times over the years her post had gone to the O’Brien Daly house. When it occurred, the witness said she redirected it and put it back in the post.

On December 8 2021 she said Hugh O’Brien called to her home with an envelope in his hand and accused her of stealing his mother’s post for the last 25 years.

Mrs O’Brien Daly said during the violent attack on her:

“He was repeating, ‘You are in cahoots with that bollocks next door. And me, a 50-year-old virgin.’”

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