Trio found guilty after marathon trial

The 16-day trial of three people accused of falsely imprisoning and assaulting two men concluded last Thursday.

Martin Regan, aged 39, John Paul Cunningham, aged 44, and Mary Fox, aged 52, were all living at a property in Gladesville, Castlebar at the time of the offences on December 7, 2020.

The complainants in the case were Conor Sheridan, Glenfort, Castlebar and Dean Cleary, who was of no fixed abode at the time.

Cunningham and Regan were charged with causing serious harm to Conor Sheridan; assault causing harm to Conor Sheridan and Dean Cleary; the false imprisonment of Conor Sheridan; and attempting to pervert the course of justice.

Fox was charged with causing serious harm to Conor Sheridan; assault causing harm to Dean Cleary; the false imprisonment of Conor Sheridan; attempting to pervert the course of justice and making threats to kill or cause serious harm to Dean Cleary.

The three accused denied all the charges.

After two days of deliberation, a jury returned their final verdict. Cunningham and Regan were found guilty on all counts while Mary Fox was found guilty of false imprisonment, making threats to kill or cause serious injury, and perverting the course of justice. Fox was found not guilty of causing serious harm to Conor Sheridan and assault causing harm to Dean Cleary.

Mr Sheridan and Mr Cleary were good friends at the time and had been involved in an occasional casual sexual relationship. They met at the TF on December 7, 2020, when Mr Sheridan was with friends and Mr Cleary was in the company of Cunningham, Ms Fox, and her son Tommy Phelan.

The court was told Cunningham and Ms Fox were living at the rented property at Gladesville with Regan. Mr Cleary had been ‘couchsurfing’ at the property.

After going back to the house in Gladesville, Mr Sheridan and Mr Cleary ended up in a bedroom where a certain degree of intimacy occurred. It is alleged that Regan, Cunningham, and Ms Fox came into the room and assaulted the men.

The court heard Conor Sheridan "got the worse of it". The men were told not to leave the room but Mr Sheridan escaped through a window at about 7am. Mr Cleary remained in the house.

Mr Sheridan went to hospital the next evening when he discovered he was bleeding from his anus. He had suffered a perforated rectum. He admitted he could only recall "bits and pieces" of the night but remembered "getting beaten up". He said Cunningham had a belt around his knuckles and was punching him with it while Regan was swinging a stick. Mr Sheridan said he could not remember if Regan struck him with the stick.

Dean Cleary said he, Mr Sheridan, Regan, and Cunningham took cocaine in the house that night. Mr Sheridan and the two accused denied taking drugs.

Mr Cleary said while in a bedroom watching TV with Mr Sheridan and Mr Phelan, Cunningham and Regan entered in an angry state.

Mr Cleary said he could not understand their anger and initially thought they were "messing". Matters settled and Mr Cleary and Mr Sheridan went to the sitting room with the three accused.

More drinking occurred before Mr Cleary and Mr Sheridan went to bed. Mr Cleary said they were "cuddling" and "shifting" when they heard a bang on the door and Cunningham and Regan entered. They started "getting thumps" and Regan was assaulting Mr Sheridan in the other corner of the bedroom.

“I was scared for my life to be honest. I could not believe this was happening. I thought they (the accused) were my friends.” 

He recalled Cunningham wrapping coal in a tea towel and using it to beat them and also wrapping a belt around his fist.

Mr Cleary said Ms Fox also hit him several times and threatened to burn his genitalia with hot water and sugar. He said she called him a paedophile. He said he knew Mr Sheridan was getting hit with a stick of some sort.

Mr Cleary said the bedroom was like something out of a horror film with blood everywhere. He claimed he was forced to put his fingerprints on a vodka bottle and help to destroy and burn evidence, including items of clothing. He said the three accused wanted to blame the attack on a "lovers' tiff".

Under cross-examination, Mr Cleary denied he had inflicted the injuries upon Mr Sheridan. When asked why he stayed in Ms Fox’s home at Gladesville for several weeks after the incident, Mr Cleary said he had nowhere else to go.

The court heard medical evidence about the injuries suffered by Mr Sheridan. An examination carried out at Mayo University Hospital on December 9, 2020 revealed he had bruising to his head, swelling and bruising to his upper lip, and abrasions on his face, hands and fingers. There was a fresh laceration in his anal cavity. Nurse Mary Mahony considered this to be consistent with traumatic anal penetration.

The court previously heard that Mr Sheridan had no memory of this type of injury. He alleged he was beaten by Martin Regan and John Paul Cunningham.

Retired surgeon Ronan Waldron said Mr Sheridan had suffered a sealed-off perforation of his rectum. He was treated with antibiotics and an IV. He said it was considered a medical emergency but did not require surgery.

The court heard from several gardaí who went to the Gladesville property on the morning of December 8, 2020.

Sgt Conor McHale said after a slight delay, Ms Fox let them into the house. Mr Cunningham and Mr Regan were asleep upstairs and Dean Cleary was asleep on the couch.

Mr Cleary told officers he was "fine" and declined medical attention despite having a "big lump" around his jaw area and dried blood on his face. Mr Cleary said he was not being held against his will and told Gardaí he had a fall in the kitchen.

Giving evidence in court previously, Mr Cleary alleged he had been beaten.

Sgt Evan McKenna said Mr Cleary’s stance when gardaí visited the house on December 8 made it difficult to investigate what happened.. 

“If he doesn’t assist us, where do we start?” he stated under cross-examination. “I was unhappy leaving the premises because I believed something else happened."

Memos of interviews with the three accused were read into the court. They denied assaulting the men and denied that it was a homophobic attack.

Cunningham told Gardai he had "no issue with gays". While being interviewed, Regan offered to take a lie detector test and told officers he did not like being called a ‘Tan’ by Mr Sheridan while in the house. Regan said the allegations against him were "hurtful".

Following last Thursday’s verdict, Judge Eoin Garavan remanded the trio in custody until July 10, 2024, for sentencing.