A medical professional bit off the top part of his brother’s left ear in a farmyard row “around land, monies and a shed”, a court has heard.
At Ennis Circuit Court, farmer, Daniel O’Halloran (37) said that he been left “disfigured” by the assault by his older brother, Conor O’Halloran (42) at Liscullane, Tulla, Co Clare in May 2021 that resulted in him losing the top part of his left ear.
While in the witness box before giving his victim impact evidence, Daniel O’Halloran turned his head to allow Judge Francis Comerford see his disfigured left ear up close.
In his victim impact evidence, Daniel O’Halloran told the court: “My personality has changed dramatically. I feel like I’m filled with anger because of this. My ear is disfigured and I will have to live with it as a constant reminder for the rest of my life of what my brother did.”
Daniel O’Halloran said on May 5th 2021 “my brother’s sole purpose was to terrorise me and my mother, first running upstairs to my mother’s sick bed and telling her ’to call the guards that ye are going to need them’ before setting out in a rage looking for me in the farm-yard.”
He said: “I have done nothing wrong here. I worked the family farm supporting my siblings financially my whole life and this is the thanks I get.”
Radiographer at a Dublin hospital, Conor O’Halloran has pleaded guilty to the assault causing harm of Daniel O’Halloran on May 5th 2021 and in court has offered €10,000 compensation and ‘genuine remorse’ for the assault on his brother.
Counsel for Conor O’Halloran, Patrick Whyms BL (instructed by solicitor, Darach McCarthy) said that Conor O’Halloran has no previous convictions, has never been in court before this and has been “a model citizen” apart from this one act.
Mr Whyms said that the brothers were once close and are god-fathers to a child of each other. Mr Whyms said that Conor O’Halloran has expressed a genuine sense of remorse and regret over his assault on his brother.
In evidence, Garda Brian Quinn told the court that when he arrived at the farm-yard scene on May 5th 2021, he entered the farmhouse and saw Daniel O’Halloran “shirtless and the top part of left ear removed and blood down his face and down his body”.
Garda Quinn said that colleagues were with Conor O’Halloran of Rosebank, Old Bawn, Tallaght, Dublin 24 in the farm-yard and he was arrested at the scene and replied “why am I being arrested and not him?”.
In a statement to Gardai at the scene Daniel O’Halloran said that earlier in the morning, he saw his brother and described him “as being in a rage”.
Daniel O’Halloran told Garda Quinn that Conor O’Halloran was roaring ‘Come out – we will have it’ and Conor O’Halloran took off his top and charged at his brother.
Daniel O’Halloran said that he was knocked to the ground and while on the ground, Conor O’Halloran bit off the top of Daniel O’Halloran’s left ear.
Daniel O’Halloran was brought by ambulance to the A&E at University Hospital Limerick (UHL) and counsel for the State, Lorcan Connolly BL – instructed by State Solicitor, Aisling Casey – said that a medical report confirmed that “trauma to the left ear was consistent with a bite and tissue loss was noted”.
Daniel O’Halloran was treated and discharged the same day at the A&E and the treatment included a tetanus injection. Photos of the ear injury in the immediate aftermath of the assault were handed into court.
Garda Quinn said that relations between the two brothers had deteriorated and there were “issues around land, monies and a shed”.
He said: “Matters came to a head that day.” Mr Connolly said that Conor also owned farmland in the Tulla area and these lands were being farmed by his brother.
Garda Quinn said that Conor O’Halloran said that he had travelled from Dublin to meet a Farm Administrator in Tulla.
Garda Quinn agreed with Mr Whyms that Gardai also observed bite marks on the chest of Conor O’Halloran after the fight between the two brothers. Conor O’Halloran also received a tetanus injection.
Mr Whyms said that Conor O’Halloran gave an account where he committed the ‘excessive’ bite act in response to being restrained around his neck.
Gardai Quinn said that if Conor O’Halloran was in a headlock he wouldn’t be able to bite someone’s ear.
Garda Quinn said that the brothers’ mother who was at the scene declined to provide a witness statement to the Gardai and Mrs O’Halloran has since died.
Mr Whyms said that Conor O’Halloran works as a radiographer at a Dublin Hospital and is married with children.
Mr Whyms said that Conor O’Halloran is hopeful that he can reconcile with Daniel but doesn’t believe it will happen in the short term.
Mr Whyms said that civil proceedings have been issued in the case and his client’s plea of guilty means that his client will not be contesting liability in the case.
Mr Whyms handed in testimonials for Conor O’Halloran from colleagues in Dublin and former colleagues at Limerick. Mr Whyms said that at the time of the assault, Conor O’Halloran was also dealing with added stress as he was working long hospital hours in his role as a Covid-19 frontline worker.
Daniel O’Halloran said that he continued work on the farm after his father died when he was 18 and in his victim impact statement, he said that “I find it difficult to socialise. I used to enjoy going out at the weekends, but not anymore. I feel people are looking at me and talking about me. I find it extremely stressful I can no longer enjoy myself out so I don’t bother
“I stick to my routines such as going to the same shop to avoid meeting new people, or even people I have known for years as I get stares and questions.”
He said “my family is broken and I have not even been told sorry once”.
Then departing from the written statement, Daniel O’Halloran added “only piles of lies, and taking my good name while always playing the victim to whomever will listen”.
Mr Whyms objected to the additional words telling Judge Comerford “I have no notice of this – this is going beyond” the statement provided.
Judge Comerford said that what occurred was “a serious assault” in a person’s home and said that he required time to consider matters and adjourned sentencing to next Thursday, February 23rd and further remanded Conor O’Halloran on bail to that date.
