A man who threw blue paint on a Luke Kelly statue causing €240 worth of damage has been jailed.
Michael Dunne (50), who was living in homeless accommodation at the time, pleaded guilty at Dublin Circuit Criminal Court to causing criminal damage on July 12th, 2020.
He has 51 previous convictions dating back to 1986, including five for criminal damage.
Judge Orla Crowe on Thursday sentenced Dunne to 18 months, with the final nine months suspended on strict conditions.
She said his actions had “caused a lot of upset to a lot of people” because the statue was erected in memory of Kelly, a “prominent character”.
Judge Crowe said the aggravating factors include Dunne’s previous convictions and that a bench warrant had been issued as he did not attend the last sentence date in December. The court was told that Dunne was unable to attend the last court date as he was in hospital at the time.
The judge noted the mitigating factors including his guilty plea, expressions of remorse, his vulnerable history and personal circumstances.
Garda David Kelly told John Moher BL, prosecuting, at an earlier sentencing date that he discovered the damage to the memorial statue and harvested nearby CCTV footage which led to Dunne being identified. He was arrested but nothing came out of those garda interviews.
Garda Kelly agreed with Katherine McGillicuddy BL, defending, that her client offered his sincere apologies for the damage he caused. He accepted that Dunne was a long-standing drug addict and it had not been his idea to damage the statue.
He accepted a suggestion from Ms McGillicuddy that her client was vulnerable and agreed to do this without asking any questions. It was further accepted that Dunne got drugs as a reward for throwing the paint. Ms McGillicuddy acknowledged that the statue was very important in the local community.
She said her client accepted that his actions had caused “a lot of upset”. His sister is heavily involved in the local community and was embarrassed and ashamed when she learned of her brother’s behaviour.
Ms McGillicuddy on Thurday said her client has not been “coping well” and outlined that he has significant mental health difficulties. Counsel said her client has been placed in protective custody during his short time in prison due to the upset of other prisoners.
A psychological report was handed to the court. Defence counsel said Dunne had a very difficult upbringing and his life started to “unravel” at an early age. She asked the court for as much leniency as possible for her client.
Judge Crowe said Dunne’s actions had caused upset to others and while the case had attracted some publicity, she noted he must bear the consequences of his actions.
- Sign up for push alerts and have the best news, analysis and comment delivered directly to your phone
- Find The Irish Times on WhatsApp and stay up to date
- Our In The News podcast is now published daily – Find the latest episode here