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court hearing Appeal by two sons of Michael Healy-Rae against assault adjourned until February

Jackie Healy-Rae and his younger brother, Kevin, received suspended sentences.

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File photo of Cllr Jackie Healy Rae (right) and his brother Kevin Healy-Rae who are both appealing their assault convictions with their solictor Padraig O'Connell. The case has been adjourned to February 3.

File photo of Cllr Jackie Healy Rae (right) and his brother Kevin Healy-Rae who are both appealing their assault convictions with their solictor Padraig O'Connell. The case has been adjourned to February 3.

File photo of Cllr Jackie Healy Rae (right) and his brother Kevin Healy-Rae who are both appealing their assault convictions with their solictor Padraig O'Connell. The case has been adjourned to February 3.

The hearing of an appeal by two sons of Independent Kerry TD Michael Healy-Rae against their convictions for assault will come before the Circuit Criminal Court in Killarney on February 3.

Jackie Healy-Rae and his younger brother, Kevin, received suspended sentences for assault causing harm in December 2019 to English visitor Kieran James.

The case came before the Circuit Court sitting in Killarney on Wednesday, January 12, and has been adjourned to February 3.

It will not be heard on this date, but it is hoped to fix a date for hearing of the appeal.

The two Healy-Rae brothers – along with a co-accused, Malachy Scannell – are all appealing the convictions they received and the sentences imposed on them.

Cllr Jackie Healy-Rae, of Sandymount, Kilgarvan,was given an eight-month suspended sentence in December 2019 for assault causing harm to Mr James during Christmas festivities in 2017.

His brother, Kevin Healy-Rae (22), also of Sandymount, Kilgarvan, who was the first person involved in the row and who sought his brother’s assistance, was given a seven-month suspended sentence.

A co-accused of the two brothers, Malachy Scannell (34) Inchinacoosh, Kilgarvan, received two six-month suspended sentences for assault-causing-harm charges on the night in question.

Both had confirmed appeals – via their solicitor, Padraig O'Connell – within hours of their convictions. The lengthy case was heard in Tralee in November 2019 and adjourned for sentencing to December 2019.

The court heard that the incident broke out at a chip van in East Park Lane in Kenmare on the night of December 28, 2017, and that three of the men then followed the victim, Mr James, up the street.

In sentencing the three men at the time, Judge David Waters said that an aggravating factor in the case was that the group maintained in garda statements, and in cross-examination during the trial, a version of events that was not borne out in the CCTV which was shown to the court.

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