A man who was seen by a garda slashing the cheek of an acquaintance in west Dublin has avoided a jail sentence.
Darren Gallagher (46) was spotted by Garda Dominic Downing attacking his victim, who was "known to gardaí", with a blade outside a supermarket before "casually walking away".
The assault occurred at 4pm and the plain clothes garda was on routine patrol at the time.
Gallagher was stopped minutes later and a knife was found in his tracksuit bottoms. He later claimed in a Garda interview that the victim had threatened both him and members of his family, although Grda Downing said he was not in a position to confirm if this was the case.
The garda agreed with Anne-Marie Lawlor BL, prosecuting, that he called to the victim’s home that day and could see the cut to his face.
He said the injured man had never made a statement to gardaí and had been “unwilling to engage” with the investigation. He did not prepare a victim impact statement.
Garda Downing told Dublin Circuit Criminal Court he was not aware if the man received medical assistance but confirmed that although the cut had healed, he did have a noticeable scar.
Gallagher of St Ronan's Park, Clondalkin, Dublin pleaded guilty to assault causing harm to the man on Neilstown Road, Clondalkin, on August 22nd, 2016. He has three previous convictions for minor offences.
Garda Downing agreed with Jennifer Jackson BL, defending, that Gallagher had not come to Garda attention since 1990, the last recorded conviction against him.
He accepted that the victim was “known to gardaí” and he was not refusing to co-operate with the investigation because he was in fear of Gallagher.
Ms Jackson said the defendant’s guilty plea was of assistance to the prosecution considering the position the victim took in relation to the investigation.
She suggested it was a once-off incident that was out of character for her client, and Garda Downing confirmed that he believed Gallagher was unlikely to come before the courts again.
Judge Karen O’Connor said at the original sentence hearing last June she had grave concerns that this attack had been carried out in public in broad daylight when members of the local community could have been in the vicinity. She had adjourned the case to allow a probation report be prepared .
Judge O'Connor said Gallagher had decided to take the law into his own hands and this was not permitted. She noted there was a positive probation report outlining his involvement in a CE scheme and a letter from the Matt Talbot Community Trust which Gallagher had been engaging with.
She said this was a serious offence which would normally attract an immediate custodial sentence.
Judge O’Connor took into account factors including Gallagher’s age and personal circumstances, his effort to rehabilitate and the fact his previous convictions did not involve violence or aggression.
She said in “very unusual circumstances” she was going to impose a three year suspended sentence.