A 62-year-old Co Galway farmer who took a bow and arrow from his neighbour and inflicted serious head injuries on him with an arrow had his sentence doubled on appeal at Galway Circuit Criminal Court yesterday. The sentence was then suspended with conditions attached.
Patrick Costelloe, from Anbally, Cummer, Tuam, Co Galway, had been convicted last April in the District Court of assaulting his 65-year-old neighbour, Mr Paddy Greene, causing him harm, in a field at Claretuam, Co Galway, on June 11th last year, and was sentenced to 10 months in prison. He was further sentenced to four months in prison, to run concurrently with the other sentence, for a breach of the peace on the same date.
A 35-year feud over a right of way between both men's lands was recalled in court yesterday by Garda Shane McDonnell. He found Mr Greene lying seriously injured in the field last June. An Olympic-style compound bow and two composite arrows with rounded heads were found in the grass nearby, along with a timber fencing stake.
Costelloe had followed Mr Greene into the field where he knocked the bow and arrows out of his hands with the timber stake, which broke with the impact. Constello picked up one of the arrows and hit Mr Greene, who suffered a deep wound to his left temple area, multiple lacerations to his hands, one of which required a skin graft, and a wound to his right cheek.
Mr Greene told the court he practised archery for many years. He said the type of bow and arrows he had were harmless, but in a statement to Garda McDonnell he admitted carrying them because they would look intimidatory to Costelloe and would act as a deterrent.
Costelloe told the court he had been provoked on the day of the assault. He claimed to have seen Mr Greene knock his walls and put his cattle out on the road on many occasions over the years.
State solicitor, Mr Tom McLoughlin, put it to Costelloe that his lands were poorly fenced and his cattle continually wandered.
Judge Harvey Kenny said Costelloe had beaten the "living daylights" out of Mr Greene. He affirmed the 10-month sentence for the assault, and increased the other sentence to 10 months, to run consecutively, and fined him a total of €4,000. He then suspended the 20-month sentence on condition Costelloe have his lands properly fenced within four weeks, put locks on his gates and give keys to people who have rights of way, including Mr Greene.
The judge also ordered him to keep away from Mr Greene and his family and not to come to the attention of the Garda. He bound him to keep the peace for five years on his own surety of €10,000, and warned him he would serve the sentence if he did not comply with these conditions.