Terror of small children caught up in violent melee on Kilkenny street

Demi Donovan, 32 Togher Way, Urlingford; Ellen Donovan, Graigueswood, Freshford Road; and Nora Jackman, 3 St Mary’s Crescent, Hebron Road, Kilkenny, all pleaded guilty to a charge of violent disorder.

Charges of assault were taken into consideration.

Charges arose from an incident on a busy Kilkenny road on September 15, 2024. Sisters Katie and Helen Maher were victims of the assaults.

A 12 year-old girl, two six year-old boys and a four year-old girl were with the women when they were assaulted.

On that day, gardaí received a call, around 2pm, to say an assault was happening on the Hebron Road. At the scene they met Helen Maher who said three women had exited a car and engaged in a violent altercation with her and her sister, Katie.

Helen got a kick to the hand, but it did not require treatment.

All the women knew each other for a long time and the Mahers identified the Donovans and Ms Jackman to gardaí.

The three women had fled the scene in their car.

Katie Maher was very distressed at the scene and had numerous injuries, the court was told.

Photographs of the injuries were shared with the court.

There was no CCTV of the incident but shortly afterwards the injured parties became aware of a video circulating on social media that captured the incident, taken by mobile phone by another person.

Judge Sinéad McMullen observed the video “covers everything and is very distressing to watch.”

The three defendants could be identified in the footage.

The video had been shown in court. In it, three females ran at Katie Maher, hitting her and pulling her to the ground.

A four year-old girl, the daughter of one of the injured women, was in a buggy “right beside everything happening,” the judge observed. The 12 year-old daughter of one of the women was also “caught up in the melee” and two six year-old boys ran away to hide “such was the level of their terror,” again the judge observed.

The injured parties and children were on their way to a play centre.

Katie Maher attended the emergency department of St Luke’s Hospital. She suffers from epilepsy and had gone into a seizure at the scene. Because she had a head trauma she was given a CT scan, however it did not report any changes.

Katie Maher also reported chest pain. She did not have fractures but did have cuts and abrasions.

Helen Maher was five months pregnant at the time. In the video she was seen lying over her sister to protect her.

The defendants knew she was, the judge said, because they could be heard saying it in the video of the incident.

Garda statements were taken from the Maher sisters before the video was discovered and their accounts were the same as what was seen in the video.

Judge McMullen said another part of the attack that was distressing was that Katie Maher had clumps of her hair pulled out. They were found on the side of the road and shown in court as evidence.

“This was a horrible incident," the judge said, even though it lasted for only a few minutes.

The court was told that Ellen Donovan and Nora Jackman had no previous convictions.

Demi Donovan had previous convictions for drugs and road traffic offences although none for violent offences.

When arrested, all three women exercised their right to silence.

In court, Jane McCudden BL, for Ellen Donovan, said her client had been 18 at the time of this incident. She said there was an ongoing feud between Maher and Donovan families, relating to a previous generation of older males. The three accused women were “swept up” in this.

A Probation Report highlighted that the incident occurred after a social media post the day before that the defendants regarded as defamatory. This may have heightened the atmosphere of the situation.

Demi Donovan’s defence barrister, David Geoghegan BL, said his client had invited the injured parties to mediation before the court hearing, but this was declined.

Barrister David Roberts BL, for Ms Jackman, said his client has a two year-old daughter and is expecting her second child in August. She had written a letter of apology.

All the women went to school together, they knew each other well. They were friends at one stage.

All three women had offered some money as compensation but this was not accepted by the Maher sisters.

Judge McMullen said both Maher sisters gave victim impact statements.

Helen Maher delivered hers in person, in court. She said she had been pregnant at the time and her 12 year-old daughter was with her on the day.

Ms Maher threw herself on top of her sister because she realised she was having an epileptic seizure.

Since, the children who witnessed the assaults have been having nightmares and are refusing to go to school.

Judge McMullen described the experience of the children as “horrible.”

Katie Maher’s statement was read to the court by state barrister Dylan Redmond BL.

She suffers from PTSD and panic attacks, has a fear of going outside and her quality of life has been affected.

She has had to arrange play therapy for her son because of the impact this has had on him.

In mitigation for Ellen Donovan, Ms McCudden said her client had hand-written a letter of apology and had never come to garda attention before, or since.

She now resides in the UK and taking part in training and education there. She wants to stay away from the tensions in Kilkenny.

Ms Donovan is very remorseful, for the harm done to the children in particular.

Mr Geoghegan, in mitigation for Demi Donovan, said his client is the mother of four children and two step-children.

She has engaged with the Probation Service and has immersed herself in voluntary work.

Mr Roberts, for Ms Jackman, said she had no previous convictions. She is no longer living in Kilkenny and is spending a lot of time in the UK.

Judge McMullen said the family feud was the background to “how matters spilled on to the street in broad daylight.”

This was a very serious case, she said. She did not draw a distinction between the three defendants, in terms of sentencing, as all kicked and punched the injured women.

“It’s clear this was a horrible, horrible incident.”

The judge said, thankfully, there were no broken bones but the psychological harm was the real harm caused in this case.

“It must have been deeply distressing” for the Maher sisters and their children, she said. “Two, little six year-old boys were so terrified they ran away.”

Judge McMullen said she could not understand how horrifying this must have been for the children.

Noting that two of the defendants were others of young children themselves they should have, and now do, understand the effects of the incident on the young children present.

The judge said the maximum sentence for violent disorder is 10 years in prison. Before mitigation she considered five years to be the headline sentence for all three defendants.

The difference between Demi Donovan and the other two defendants was that she was in her 30s and has previous convictions.

She has shown genuine remorse and has moved out of Kilkenny to distance herself from her wider family, who she did not regard as a positive influence.

Ellen Donovan was 18 at the time of the incident. The judge noted that the Probation Report said her ‘victim empathy was minimal’ and this was “disappointing.” However, the judge said she would bear in mind Ms Donovan’s youth and immaturity.

Ms Jackman was 19 when the offence was committed, the judge said. She had not demonstrated sufficient victim empathy, according to her Probation Report and her remorse was focused on her legal situation rather than the victims.

The judge said this was disappointing but, again, she would note Ms Jackman’s youth.

Judge McMullen said she “gave very serious consideration” to imposing custodial sentences as “this was an outrageous attack.”

After much thought, she decided to impose suspended sentences, but emphasised to Katie and Helen Maher this is still a serious sentence and can be activated.

In the case of all three defendants, Judge McMullen imposed a prison sentence of two and a half years, suspended for three years, on conditions including that they sign a bond to keep the peace and be of good behaviour.

The defendants were ordered not to have any contact with the injured parties or their children. Judge McMullen asked that the compensation money, €500 from each defendant, be again offered to the Mahers. If not accepted it, it is to be donated to charity.

The judge wished Katie and Helen Maher, and their children, well in their recovery and warned the defendants not to get in trouble again.