A former courier who became fixated about the fact he was banned from driving following a minor road traffic accident set out to intimidate and attack a witness in the case.
Derek Lennon (34) of Neagh Road, Terenure, Dublin who was on Monday jailed for four and half years for assault causing harm, issuing threats and witness intimidation, had been involved in a District Court road traffic prosecution in 2017.
He crashed his motorbike in March 2016 and was found guilty of dangerous driving following a District Court trial. Niall Fitzgerald had acted as a State witness. Lennon was sentenced to 90 hours community service and banned from driving for six years.
In 2018, when Mr Fitzgerald was due to give evidence again after Lennon appealed the severity of the case, he intimidated the man to such an extent that he was too afraid to go to court.
The following month, he came to Mr Fitzgerald’s home, threatened him and later attacked him with a plank of wood and punched him.
Lennon pleaded guilty at Dublin Circuit Criminal Court to two counts of threatening a witness, criminal damage to CCTV cameras, assault causing harm, production of a length of wood and threatening to kill or cause serious harm on October 2nd and November 13th, 2018.
He has 72 previous convictions for criminal damage, assault, false imprisonment, arson, robbery and road traffic offences.
Judge Martin Nolan said Mr Fitzgerald did “what a good citizen should do” and gave evidence in court.
He said Lennon clearly placed all of the blame for his predicament on the victim and decided to intimidate him and make his life miserable. Judge Nolan said the various threats he made were believable.
He accepted that Lennon was remorseful for what he had done, but said he was not sure if he could reform “by reason of his previous misbehaviour”.
Judge Nolan said there was “no doubt” that Lennon deserved a “substantial custodial sentence” before jailing him for four and half years. He backdated it to when Lennon was first remanded in custody last November.
A victim impact report from Mr Fitzgerald stated: “As a result of being a good Samaritan and responding to the call for justice, I was left physically and emotionally scared.”
He said he was more “hesitant” to assist in charitable activities and his “faith in the justice process has been diminished”.
‘Bullets to the head’
Mr Fitzgerald said both he and his wife had sought counselling as they were traumatised by the ordeal. He talked about suffering from panic attacks and having difficulty sleeping and concentrating since the attack.
“There was nothing to lose for him and everything to lose for us,” he concluded.
Aidan McCarthy BL, defending, said his client’s “fear of not being able to work” again as a courier came true after he received the District Court ban.
“He got himself into an absolute state and became fixated on getting banned,” Mr McCarthy said.
He said Lennon had a letter of apology in court for the victim and he said he did not seek to excuse his behaviour.
“He handled this whole case completely wrong. He dearly wishes that he didn’t behave in the manner he did and is full of regret for his actions,” Mr McCarthy said.
Det Garda Richard Hampson told Tony McGillicuddy BL, prosecuting, that Lennon appealed the severity of the sentence. That case was due to be heard in October 2018, with Mr Fitzgerald being re-called as a witness for the State.
The night before the case was due to be heard, Mr Fitzgerald was intimidated by Lennon after he parked his motorbike at the end of his driveway, having thrown a metal object against his porch door. The man, who alerted gardaí, was in fear and didn’t attend court the following day.
A month later Lennon arrived again at Mr Fitzgerald’s home and demanded that he come out to speak to him. He threatened the man many times: “Come here or you will be f****** sorry,” and saying he was dead “if I see the gardaí”.
Mr Fitzgerald agreed to come out and received further threats of having his legs broken, with Lennon telling him: “I’m talking about bullets to the head. You know I can get you.”
Lennon also told Mr Fitzgerald he “was connected and answers to a higher power” before he attacked the man with a plank of wood and punched him several times in the face.
Mr Fitzgerald was later was treated for cuts to his nose and swelling and bruising around his eye. He needed dental work after a number of his teeth were damaged during the assault.
Det Gda Hampson said gardaí passed by and saw the struggle and returned to intervene. Lennon fled but was arrested a short time later.
Lennon later claimed in interview that Mr Fitzgerald was injured while the men were “grappling” for the plank of wood.