Jail for Louth ‘party boy’ who kicked unconscious man on the head
A businessman and “party boy” who kicked another male in the head as he lay unconscious has been jailed for 12 months.
Ben O’Brien (32) was one of three defendants sentenced at Dundalk Circuit Court following an attack which occurred on two barmen waiting for a taxi.
Ben O’Brien and his brother Seán O’Brien (29), both of Hardmans Gardens, Drogheda; and family friend Simon Sackey (31), Springfield Court, Nuns Walk, Drogheda; pleaded guilty to violent disorder at Sunday’s Gate on May 1, 2023.
Ben O’Brien was sentenced to three years and nine months, the final two years and nine months suspended. He was also directed to complete 200 hours community service.
Simon Sackey got two years and nine months, the final 21 months suspended, leaving him with 12 months’ imprisonment. He must also carry out 200 hours community service.
A fully suspended two-year sentence and 150 hours community service were imposed on Seán O’Brien.
At a previous hearing, the O’Briens’ father, Derek Kavanagh, Hardmans Gardens, got 100 hours community service for a Section 6 Public Order offence stemming from the same incident.
Evidence was given that Ben O’Brien was in a distressed state when he left his home and had picked a fight when encountering the two victims who had been celebrating the 20th birthday of one of them.
His brother and Mr Sackey both believed that they were coming to his defence when they arrived on the scene and saw him being held on the ground. Derek Kavanagh also arrived by car.
Simon Sackey punched one of the men “out cold before he fell to the ground” during an incident which lasted about a minute and was captured on CCTV.
Ben O’Brien then kicked this man on the head. The injured party suffered a fractured eye socket and cheekbone, and his two front teeth were broken. His companion sustained bruising.
Ben O’Brien offered a total of €17,500 by way of restitution, which both men accepted.
Judge Dara Hayes said that when the three men arrived and saw Ben O’Brien being held, they didn’t know that he was the instigator. Neither did they try to ascertain the situation.
The court noted that the most seriously injured victim had missed college exams and the opportunity to go to America on a J1 visa because of what occurred.
Ben O’Brien, who successfully managed IPAS centres, committed further offences since.
He described himself to a probation officer as a “party boy” and regular visitor to Ibiza.
Testimonials were submitted on his behalf, some detailing his sponsorship of kits and equipment for local sports teams.
Simon Sackey, of Dutch nationality, moved to Ireland when he was eight. He had become friends with Ben O’Brien.
Sober on the night, he had stopped drinking after the incidents.
Testimonials were available, including from his church.
Seán O’Brien owns a metal fabrication company and employs nine people.
He too had references, and it was noted that he was protective of his older brother.
Judge Hayes said he bore the least culpability.
At the request of Ben O’Brien’s lawyers, the court deferred his committal for a week to allow him make arrangements for his businesses and 30 employees.