Man who bit off part of his brother's ear in farmyard row avoids jail term

A medical professional who bit off the top part of his brother’s left ear in a farmyard row "around land, monies and a shed” has avoided a prison sentence.

At Ennis Circuit Court, Judge Francis Comerford imposed a fully-suspended prison sentence on Conor O’Halloran in relation to the “unprovoked” and “very serious” assault of Daniel O’Halloran.

During an earlier hearing, the court heard the younger brother of the accused lost the top part of his left ear following the incident which occurred at Liscullane, Tulla, Co. Clare

Judge Comerford has also directed that the solicitor for Conor O’Halloran pays his offer of €10,000 compensation to Daniel O’Halloran within the next three weeks.

Prosecuting  barrister Lorcan Connolly BL, instructed by State Solicitor, Aisling Casey, said Daniel O’Halloran is not interested in the €10,000.

Judge Comerford also ordered as part of the conditions attached to the suspended prison term that Conor O’Halloran continue to engage in counselling.

In his victim impact evidence, Daniel O’Halloran (37) told the court that his "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”.

Conor O’Halloran, aged 42, had earlier pleaded guilty to a charge of assault causing harm to Daniel O’Halloran on May 5, 2021.

Pat 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.

Judge Comerford commented that Conor O’Halloran had led "an exemplary life” before the assault and has shown “genuine remorse”. 

In a report handed into court, Conor O’Halloran said: “I am sad and disgusted with myself. It shouldn’t have happened. I wish it had never gone that far. We were close at one time. I am Godfather to his son and he is Godfather to my daughter."

In evidence, Garda Brian Quinn told the court that when he arrived at the farmyard scene on the date of the incident, 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, who has an address at Rosebank, Old Bawn, Tallaght, Dublin 24, in the farmyard when he arrived,

The 42-year-old who was arrested at the scene replied “why am I being arrested and not him?”.

In a statement made 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 added that he was knocked to the ground and while on the ground, Conor O’Halloran bit off the top of his left ear.

Daniel O’Halloran was brought by ambulance to the emergency department at University Hospital Limerick and counsel for the State, Mr Connolly, 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 later on the same day. Photographs of the ear injury in the immediate aftermath of the assault were handed into court and Daniel O’Halloran also turned his head in the witness box to allow Judge Comerford view the “significant disfigurement” close up.

Garda Quinn said that relations between the two brothers had deteriorated and there were “issues around land, monies and a shed”.

He told the court that "matters came to a head that day.”

Mr Connolly said that Conor O'Halloran also owned farmland in the Tulla area of Co. Clare and that these lands were being farmed by his brother. Mr Whyms said that Conor O’Halloran works as a radiographer at a Dublin Hospital and is married with young children.

The barrister said that Conor O’Halloran is hopeful that he can reconcile with his brother but doesn’t believe it will happen in the short term.

Mr Whyms confirmed that civil proceedings have been issued in the case and that his client’s plea of guilty (in the criminal case) means he will not be contesting liability in the civil case.

In his victim impact statement, Daniel O'Halloran said "my family is broken and I have not even been told sorry once”.

Judge Comerford imposed a 17-month prison sentence which was suspended in its entirety.