An 82-year-old man who was assaulted by his neighbour he claims was motivated by a planning dispute has slammed a community service order handed down to his 72-year-old attacker.
Pensioner Edward Breen said he is considering a civil case against Desmond Feeley following the assault.
During the sentence hearing earlier this month Judge Sinéad Ní Chúlacháin set a headline sentence of two and a half years’ imprisonment but imposed 120 hours of community service in lieu of a custodial sentence.
“This was a terrible thing to happen to me,” Mr Breen said outside his cottage in Barndarrig, Co Wicklow.
“I thought he was going to kill me that day. I really did.”
Injuries sustained by 82-year-old Edward Breen
In his statement to gardaí, Mr Breen explained how on December 12, 2024: “Desmond Feely was waiting for me to return from checking on my horse in Kilmacurragh.
“This is a routine I do daily,” he said.
“Suddenly, a premeditated assault by him on me took place.
“He approached my vehicle as I was turning into my parking space outside my home.
“He walked up to my driver’s door as if wishing to speak to me.
Edward Breen was assaulted by his 72 year old neighbour Desmond Feeley outside his home at Kilboy, Co. Wicklow
“I switched off my engine but didn’t get time to pull the hand break when Mr Feely suddenly opened my driver’s door and savagely attacked me.
“He pushed me into my car with punches from both his fists, headbutts, and knee jabs into my thigh.
“At this point, both my feet were trapped under my clutch and break pedals.
“My upper body was pushed backwards onto my back on the front passenger seat.
“The onslaught continued as he climbed further on top of me, pinning my left arm under me in a trapped position, leaving me with only my right hand to defend myself.
“In the midst of this punching onslaught, he knocked my gear stick out of gear and my vehicle started moving out of control and gathering speed until it ran up on a nearby traffic cone damaging the undercarriage.
“Luckily, there was no passing traffic at the time but it left my car unroadworthy. As the car had crashed to a halt, Mr. Feely resumed punching me vigorously and viciously.
“At this point, I let out a cry begging for an ambulance but he roared ‘You’re getting no f******g ambulance. I’m going to kill you’.
“With my right hand, I managed to grab him by his ear and fend him off me temporarily.
“He stood back for a brief moment and I staggered from my car, my legs buckling under me. I managed to stagger to my house door and escaped inside.
“He repeatedly shouted after me “This isn’t finished. I’m coming up to where you have your horse and I’ll finish the job”
“I am in my eighty-third year and the trauma that this attack has caused me both physically and mentally is immeasurable.
Desmond Feeley
“I firmly believe he tried to kill me.
“He threatened at one point that he was going to kill me and my brother using the foulest of language.
“As a result of the attack, I had to be driven to my GP’s emergency clinic immediately.
“There the doctor referred me to Wexford General Hospital where spent the whole day being treated and assessed.”
Edward said this week as a result of the attack he no longer feels safe in his own home.
“I don’t feel safe anymore,” he continued.
“Like I told the guards, I have a bar across the door because I don’t feel safe.
The attack lead to Injuries on Edward Breen’s arm
“For three months after that attack I could do nothing. My arm still isn’t right, I can only lift it half way up. I can’t hang my coat up or nothing.’
Mr Breen said 120 hours of community service in lieu of a two-and-a-half-year sentence is not justice.
“What can I do?” He asked. “The jails are bursting they told us. It’s not justice.
“A sentence is a sentence and a suspended sentence is a suspended sentence which doesn’t mean a whole lot.
“Surely he should have done a little bit of time, no matter how small.
“I’m considering a civil case now if I can get someone to take it on.”
Edward Breen shows the injuries he sustained during the attack
Mr Breen said a planning dispute, that he believes motivated Feeley to carry out the assault, concerns an alleged illegally constructed porch on his neighbour’s property.
In his submissions to An Bord Pleanala, Edward objected to the development on grounds including it’s impact on the light in his front yard.
Records show planning permission for the 14 m2 porch was initially refused by Wicklow County Council on October 5, 2023 and that An Board Pleanála again refused an appeal seeking retention on July 1, 2024.
Despite these decisions, the porch remained in situ this week while a notice was affixed to the front of the property confirming a fresh appeal had been lodged with An Comisiun Pleanala.
“This is going on four years since 2022,” Mr Breen said.
Edward Breen speaking with Crime World’s Patrick O’ Connell
“They put pot plants up on there between my side and the porch and Storm Darragh came and blew them all down but I was blamed for that.”
Storm Darragh brought widespread severe and damaging winds across Ireland on December 6, 2024 – five days before the assault on Mr Breen occurred.
“They had said before they ever started on this that they wanted to build a small porch to keep the rain off the door,” he said.
“Covid held everything up but, two years later, along came this big digger and dug out this big foundation.
“I asked what it was for and when they said a porch, I said if they were going to build that there, they’d need permission.
“And when I went to look at the plans, there wasn’t any!”
During Feeley’s sentencing earlier this month, the court was told the accused suffered from leukaemia in the 1990s and has retired after working as an independent contractor.
In mitigation, defence barrister Eamonn O’Moore stated the assault was completely out of character and that his client had no previous convictions.
He said Feeley was avid fly fisher and part of an angling club.
News in 90 seconds – Tuesday, 19th of May
The court heard the maximum tariff for assault causing harm is 10 years.
Judge Sinéad Ní Chúlacháin said this was not a “one punch” incident but a serious and sustained assault.
She noted the accused continued the attack, and that the injured party’s sense of security in his own home has been taken from him.
The judge said there were a number of aggravating factors, but also acknowledged that the accused had been a pro-social member of society.
Judge Ní Chúlacháin set a headline sentence of two and a half years’ imprisonment but imposed 120 hours of community service in lieu of a custodial sentence.
With additional reporting by Darragh McCann funded by the Court Reporting Scheme