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The 22-year old who mooned and flashed his genitals at a judge in a courtroom last October escaped jail due to the significant brain injury he sustained in a prison assault days after the courtroom incident.

At Ennis District Court tody, Judge Aeneas McCarthy said that what happened in Ennis courtroom on October 23rd last “was very serious and was an affront to the operation of the criminal justice system and cannot be tolerated”.

A witness to the incident, Insp Tom Kennedy said that Brian Joyce of St Enda’s, Beechpark, Ennis had dropped his pants and underpants in the body of the court “and he had his penis in his hand and started pulling on it in front of Judge Patrick Durcan”.

Insp Kennedy said that moments before just behind him in the body of the court, Brian Joyce had taken his trousers and underpants down to his ankles and bent over with his bare buttocks and pointed them in the direction of Judge Durcan.

Insp Kennedy said: “Brian Joyce was slapping his buttocks with his hands and shouted expletives and so forth at the judge and court.”

Mr Joyce’s outburst followed his brother, John Joyce (19) of St Enda’s Beechpark being dealt with on another matter before the court.

In court on Friday, solicitor for Brian Joyce, Tara Godfrey said that her client “was in a very unhinged state in court and he acted out in a very odd manner”.

Ms Godfrey said that Brian Joyce has been detained at Ennis Garda Station for two days previous and didn’t have access to his anti-psychotic medication.

At the outset of court today, Brian Joyce stood up and said: “I just want to say it is my fault.”

Ms Godfrey said: “I was speaking to Brian Joyce outside court and he told that he has a small child and his concern is that in 20 years time, people will still be talking about the man who exposed himself in court on that date.”

Ms Godfrey said that Mr Joyce is very remorseful for his actions.

She said: “He said that it was a shameful act and something he would not normally ever do. Mr Joyce has nothing on his record of a sexual nature and nothing of a sexually aggressive nature. There has never been any indication of this behaviour before or since. I would ask this court that the action was a result of him not being on his medication in those days.”

Ms Godfrey said that three days after the incident in the court, Mr Joyce was subject to an assault at Limerick prison where he sustained a significant brain injury that required brain surgery in Cork.

She explained that today Brian Joyce carries around with him a HSE issued card “that he can hand to a person if he gets into difficulty when speaking to someone - he will use the wrong word, he will forget a word, he will be blank - all of these things. He will need significant and ongoing and intensive speech therapy.”

A Probation Report was lodged into court on behalf of Brian Joyce and Judge McCarthy said: “The report confirms that the brain injury sustained by Brian Joyce was significant. Because of his brain trauma, they find it very hard to know what service they can be to him and indicate that he has a high risk of re-offending in the future.”

He said: “Clearly the supervision services don’t have anything to offer him because of his significant brain injury.”

Judge McCarthy said that the offence merits an immediate custodial sentence.

Judge McCarthy imposed a three month sentence but added “because of the difficulties associated with the significant brain trauma, it is probably in everyone’s interest that the sentence he suspended”.

In response, Brian Joyce said: “Thanks judge.”

Judge McCarthy imposed a four month jail term on John Joyce for his role in the melee and Mr Joyce was freed on appeal to the circuit court after a surety was approved by the court.