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McGowans Pub Google Maps

Teachers avoid jail after 'ugly' brawl at Dublin pub

The men were fined instead.

TWO PRIMARY SCHOOL teachers and an accountant have been spared jail for taking part in an “ugly” 10-man brawl in popular Dublin pub.

Four of the accused who have Dublin addresses and the fifth, from Co Kildare, had pleaded guilty at Dublin District Court to taking part in violent disorder after a row broke out at McGowans pub in Phibsborough in the early hours of 14 July 2017.

Teachers Michael Davitt (34), from Clanmaurice Road, Donnycarney, and Seamus O Cearra (34), from Mount Symon Green, Clonsilla, Dublin, were each ordered to donate €800 to charity.

O Cearra was also given a one-month sentence by Judge Brian O’Shea, who suspended it on condition he kept the peace for six months.

Sentencing, Judge O’Shea told Davitt and O Cearra that when they went out they were ambassadors for their schools and “in this regard they had let their profession and more importantly themselves down in a most egregious way”.

Accountant Conor Shannon (33), from Glendale Estate, Leixlip, Co Kildare, avoided being jailed and was ordered to donate €800 to charity within six months.

Judge O’Shea told Shannon and Davitt to appear again in March 2019 and they would get the Probation Act if they complied with the order.

Warehouse manager and soccer team captain at Drumcondra Football Club Stephen Cantwell (28), from Collins Avenue, and electrician David McSweeney (31), from McKee Avenue, Finglas, also appeared before the same court in connection with the incident.

Prior convictions 

McSweeney, who was celebrating his birthday on the night of the fight, faced an additional charge for producing a glass as a weapon during a dispute.

He had 27 prior convictions and waited for the “perfect moment” before throwing a pint glass “full force” into O Cearra’s face “at short range”, the judge noted.

McSweeney was jailed for six months while Cantwell was given a two-month sentence which was suspended on condition he stays out of trouble for the next six months, and he must give €800 to charity.

Judge O’Shea described it as an ugly incident in which the pub staff did their best and “struggled and struggled to placate the accused”. None of the five defendants walked away or retreated during the fight, he remarked.

Bridewell Station Garda Gerard Loughnane, the investigating officer, had provided the judge with the CCTV footage which was viewed just before the sentence hearing.
References from the men’s employers and other testimonials were also handed in to court.

In an outline of the facts, the judge heard the incident happened at 2.40am and up 10 people got into a row which continued even after staff tried to separate them.

The fight continued for a while but was finished by the time gardaí arrived.

Judge O’Shea heard Stephen Cantwell was observed hitting another male from behind – after he had been punched by that man earlier in the row.

Bloody nose 

The court was told that Davitt, who teaches at Holywell Educate Together in Swords in Dublin, was also involved in the melee and had thrown a number of punches “but not at anyone in particular”.

He also suffered a bloody nose after receiving a blow to the face, the court heard.

McSweeney was also seen fighting and threw a glass which hit O Cearra, who was injured and suffered a cut to his forehead. Judge O’Shea rejected McSweeney’s claim he did not intend to hit O Cearra’s face with the glass but the wall instead.

Judge O’Shea, who had studied the video evidence, described that claim as “absolute nonsense”.

O Cearra, who works at Mary, Mother of Hope National School in Littlepace, Dublin 15, was also kicked. However, he was also observed punching one man in the face knocking him against the bar and on to the floor.

Judge O’Shea commented that this action along with McSweeney’s use of a pint glass escalated the incident.

Judge O’Shea heard that Shannon was knocked down during the fight but he was seen throwing punches, “but was not observed assaulting any person in particular”.

All five men apologised in court via their lawyers.

Stephen O’Mahony, the solicitor representing Cantwell and McSweeney, pleaded for leniency and said his clients had since returned to the pub to say sorry to the staff.

O’Mahony said the incident was instigated by people not before the court and that alcohol was a factor. Cantwell previously had a problem with alcohol, the court was told.

Solicitor Michael Hanohoe said Davitt, Shannon and O Cearra were “extremely ashamed” but “it was sparked off by actions of others” and they retaliated after Davitt was the first to be attacked.

He described it as a ruckus and a rumble that went “topsy turvy”. He also asked the court to note the incident took place in a narrow space and over a short period of time.

Shannon had one prior conviction for a minor assault for which he was bound to the peace in 2012.

Cantwell had nine convictions for public order, assault and drug possession offences.

McSweeney had 27 prior convictions for drink driving public order and road traffic offences, the court was told. His solicitor claimed he had been trying to protect his friend Cantwell.

No damage was caused to the pub and just bottles and glasses had to be cleaned up afterwards. None of the staff were injured, the court heard.

Another man was previously dealt with by another judge at the same court for being involved in the incident. He had his case struck out after he pleaded guilty and agreed to a €400 court poor box donation.

The Director of Public Prosecutions had directed their cases should only be retained by the district court if they pleaded guilty, otherwise, they would have faced trial in the circuit court which has tougher sentencing powers.

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    Mute Motherofdivinejebus
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    Sep 23rd 2016, 2:06 PM

    looks like parents in the old days were on to something when they put babies in a drawer, couldn`t roll over on your tummy in them either.

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    Mute Little Diddy No
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    Sep 23rd 2016, 2:09 PM

    @Motherofdivinejebus: Indeed, or slept with them in the bed!

    35
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    Mute Markonline
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    Sep 23rd 2016, 2:35 PM

    Lidl also provide a baby boxs to new mothers, supervalue give out baby bags … Not sure how’re you suppose to get them to sleep in the bag though.

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    Mute Conor Mac Manus
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    Sep 23rd 2016, 1:56 PM

    The use of Baby Boxes has been credited with helping reduce infant mortality rates in Finland, where they have been in use for over 75 years….We catch on fast!

    238
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    Mute Fintan Oflaois
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    Sep 23rd 2016, 5:02 PM

    @Conor Mac Manus: You are right that they contributed to reducing infant mortality rates there, as did the thousands of paediatricians trained by the that pioneering doctor Arvo Ylppö, who recommended giving babies more air and that they sleep with their mothers, in addition to emphasising the importance of a high standard of hygiene.

    However, what really brought down infant mortality, especially perinatal mortality, more than anything else was the sauna.

    Until the Second World War, most Finns lived in modest houses or cabins in rural area, but virtually every home had a separate sauna building, where there was a wood-fired boiler to produce hot water. That was where women went to give birth and the bare wooden boards in the sauna were guaranteed sterile, since they were immersed in steam for hours every week. Many Finns were literally born in the sauna, which is probably why they enjoy it so much.

    My wife and I received two of those boxes in the early 1970s. The material they were made of is more a type of fibreboard than cardboard, and the pack also contained (and still contains) an enamel basin, soap and other toilet requisites as well as nappies, clothes, sheets and quilts.

    It also contains a pack of six condoms. I wonder will they be putting any of those in the packs in Limerick?

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    Mute Rotarua
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    Sep 23rd 2016, 5:25 PM

    No condoms in the Limerick box’s

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    Mute Padraic Reid
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    Sep 23rd 2016, 5:36 PM

    @Conor Mac Manus: A lot of 75 year-olds in Finland are complaining about having to sleep in a box. A lot of them would prefer a bed.

    15
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    Mute Fintan Oflaois
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    Sep 23rd 2016, 5:59 PM

    @Padraic Reid: Does your Mammy know you’re at the computer again?

    29
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    Mute Fintan Oflaois
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    Sep 23rd 2016, 6:09 PM

    @Rotarua: You could just imagine Breda O’Brien’s next “column” in the IT if there were condoms in the boxes. LOL We’d probably hear few squeals from Gaynooth as well.

    20
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    Mute Tweed Cap
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    Sep 23rd 2016, 2:00 PM

    I assume there is air holes in the lid?

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    Mute Fintan Oflaois
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    Sep 23rd 2016, 5:06 PM

    @Tweed Cap: LOL The lid is removed and becomes a second layer of insulation when the bottom of the actual box is inserted into it.

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    Mute Rossa Crowe
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    Sep 23rd 2016, 5:34 PM

    Nobody puts baby in a box…

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    Mute Tweed Cap
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    Sep 23rd 2016, 2:05 PM

    Leaving hospital now will be like walking out of whackers pet shop with a rabbit under your arm.

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    Mute Pauliebhoy
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    Sep 23rd 2016, 2:44 PM

    Or in a box?

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    Mute Fintan Oflaois
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    Sep 23rd 2016, 5:21 PM

    @Pauliebhoy: That thought is actually rather funny, but in reality the woman is not given the box when she leaves the hospital; it must be collected from a separate distribution centre, and this is done before she gives birth. If the woman is not collected from the hospital by someone, she is given a voucher to cover any taxi fare in excess of €10.

    Here’s some more information on the boxes if you are interested: https://en.wikipedia.org/wiki/Maternity_package

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    Mute J.Hanley #IRExit
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    Sep 23rd 2016, 2:15 PM

    That’s lovely. Sure what harm is there in giving the essentials to a newborn just in case. You never know the circumstances of people’s lives. I’ve heard of this Finnish tradition and I think it’s a good idea.
    https://youtu.be/tH59qf8uwG0
    The Finnish seem to be very sensible people from what I gather.
    http://www.businessinsider.com/finlands-education-system-best-in-world-2012-11?IR=T

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    Mute Fintan Oflaois
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    Sep 23rd 2016, 5:34 PM

    @J.Hanley #IRExit: The boxes were originally given only to people of low means, but to everyone from 1949 onwards, irrespective of means. They are provided free by Kela (the Social Insurance Institution) and can not be bought. However, Kela gave one to Prince William and Kate when their first son was born. Not that William and Kate likely needed it because they were short of a few bob, but the Finns may one day be able to boast that a future king of England slept in a Finnish baby box for the first few months of his life.

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    Mute Fintan Oflaois
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    Sep 23rd 2016, 6:13 PM

    @J. Hanley: The YouTube video you linked to is a promotion by a commercial company which sells the boxes.

    This video shows a woman unpacking one of the boxes that Kela gives free to mothers. Women can opt for a €140 cash payment instead, but around 95% take the box, which is worth a good deal more.

    https://www.youtube.com/watch?v=i9na9wT3b68

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    Mute John Smith
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    Sep 24th 2016, 1:47 PM

    @J.Hanley #IRExit: I spent 6 months studying in Finland. Their public services are second to none. As a student I lived in a glorious apartment, with a huge room with a desk. It also had two saunas and outside bbq’s, which to be fair were useless in winter, the temperatures during the day were -18 and -30 at night. For €25 I could get all public transport for a month, including buses until 4 in the morning. There are state subsidised cafes for students where I could get soup, bread, two drinks and salad for €2. For €2.60 I could change the soup to a meal. For €4 I could get the fanciest meal. Bread and salad were unlimited. And these cafes are not just on campus, there are located in the city centre. If you are not a student you could still eat there for a couple of euro more. Education is free to masters level for all. They give refunds on empty cans and bottles via a high tech machine in shopping centres. 15c on a can and 10 to 20c on a bottle. During festival times homeless people collect these for cash, meaning there is no litter and at least some way a poor unfortunate homeless person can get some kind of cash. It was also very handy after having a party, enough empties to buy a couple more slabs of beer. Really wonderful infrastructure there for the people. We could learn a lot from them.

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    Mute BlueSkyThinking
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    Sep 23rd 2016, 2:11 PM

    Am I living in a box, am I living in a cardboard box…
    https://youtu.be/svVaEWQaoSo

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    Mute Little Diddy No
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    Sep 23rd 2016, 2:08 PM

    The thing is that Sudden Infant Death Syndrome (SIDS) was not called cot death before for nothing. It’s a shame they don’t go the whole hog and suggest that mothers have their babies close to them at night – most places in the world parents sleep with their babies. It has been found that the baby breathes in time with the mother when close to the mother’s body. Smothering or ‘overlying’ (except when the parent is drunk or drugged or very overweight) is NOT a significant factor in SIDS. I suppose at least with the small boxes, babies can be beside their parents’ bed, and so close to their parents, since a mother will likely awaken in the event of her baby stopping breathing – such is the bond.

    We do know that breast-feeding is linked to SIDS, so that should also be high-lighted.

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    Mute Dave O Keeffe
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    Sep 23rd 2016, 2:24 PM

    Breastfeeding is linked positively or negatively?

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    Mute Dave O Keeffe
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    Sep 23rd 2016, 2:25 PM

    Got it from your other comments. Not clear in this one though

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    Mute brian magee
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    Sep 23rd 2016, 3:24 PM

    For clarification you meant to say breast feeding is linked to a 50% reduction of SIDS.

    Your final statement reads like, Cancer is linked to smoking. You need to be clearer in what you say .

    49
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    Mute Margie Murph
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    Sep 23rd 2016, 2:02 PM

    So it’s the BOXES! Nothing to do with advances in medicine, nutrition, hygiene, technology, information and education in the last 75 years. It’s the Boxes stupid!

    36
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    Mute Little Diddy No
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    Sep 23rd 2016, 2:10 PM

    @Margie Murph: Well, Sudden Infant Death Syndrome is only related to one aspect you mention – and that is nutrition – since not breast-feeding makes it more likely.

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    Mute Fintan Oflaois
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    Sep 23rd 2016, 5:13 PM

    @Margie Murph: No one has denied these advances, Margie. I think if you read the article again, you will see that the baby boxes are now acknowledged as ONE important contributory factor among numerous others. Another than I could mention is the fact that paid maternity leave is one year, and has been for decades. There is also paid paternity leave and the woman has the option of taking further leave at a lower per diem rate and is legally guaranteed the right to return to her job afterwards.

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    Mute Micky Mac
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    Sep 23rd 2016, 3:58 PM

    Bought two baby boxes last year for our newly born twins and I’d recommend them highly. Great strong box and come with loads of useful new born baby things (don’t ask me what was it them) Stayed in them until a few months ago.

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    Mute Michael Clinton
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    Sep 23rd 2016, 4:19 PM

    So if the mother has triplets, do they call that a lunch box ?

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    Mute Lucy Legacy
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    Sep 23rd 2016, 7:10 PM

    A family box

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    Mute Michael Clinton
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    Sep 23rd 2016, 8:07 PM

    @ Lucy… Hahahaha

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    Mute Lucy Legacy
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    Sep 23rd 2016, 7:13 PM

    It’s a great idea. You haven’t a friggin clue when you come home with a new born. There’s so much advertising thrown at you about all the new items to buy. Would have been good to go home with a medically recommended leaba

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    Mute Ben McArthur
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    Sep 23rd 2016, 2:41 PM

    Ah come on David. You can’t just say “17 languages” in a story about Limerick and leave it there. Which 17?

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    Mute Paddy Moretti
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    Sep 23rd 2016, 9:29 PM

    @Ben McArthur: Well, I can testify that Tippish & Clareish is often spoken in Limerick but is usually met by bemusement by the locals.

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    Mute Breda Kelly
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    Sep 23rd 2016, 9:36 PM

    Forget the box, use common sense!

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    Mute June Mcmahon
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    Nov 21st 2016, 1:51 PM

    how do I apply for a baby box

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