Two-year sentence for Convoy man who struck taxi driver with slash hook

A Convoy man who struck a man twice with a slash hook in a row over a taxi has been jailed for two years.

Dean Kelly attacked Fergal Pleimean after a disagreement in Convoy on August 13, 2022.

Kelly had previously pleaded guilty to the assault. 

He also pleaded that he did produce in a manner likely unlawfully to intimidate another person an article capable of inflicting serious injury, to wit, a slash hook.

Kelly's sentencing had been adjourned from last year to allow a full probation report before the final sentencing of the 30-year old of The Green, Main Street, Convoy at Letterkenny Circuit Court.

Garda Ciaran Finn outlined details of the incident to barrister for the state, Ms Fiona Crawford, BL.

He told how a taxi arrived in Convoy to collect a fare but there was nobody there and was flagged down by a man who asked him to take him to Drumkeen.

The man was joined by Dean Kelly and the taxi driver then asked to be paid in advance of the journey and a row began.

A scuffle then broke out on the outside of the taxi and the first man then proceeded to take the Ford Transit taxi but it only moved a few yards.

The scuffle continued before the taxi-driver took off his belt and struck Kelly in the head with the buckle before Kelly fled into a house leaving the taxi driver to get back into his vehicle thinking the incident had ended.

However, CCTV footage then showed Kelly emerging from the house armed with a slash hook and proceeding to attack the driver.

He struck Mr Pleimean twice, once through the window to his right arm and a second strike to his inner right thigh.

The driver managed to get a kick at Kelly and knocked him back before he fled back into the house.

The driver left but managed to flag down Gardai for help. His jeans were ripped and there was blood coming from his wounds before he was taken to Letterkenny University Hospital for treatment.

Gardai went to the scene and Kelly claimed he was defending himself before officers went into the house and found the slash hook behind a washing machine. 

Barrister for the accused, Mr Peter Nolan BL, said his client's instructions were that it was the other man who became involved with the taxi driver and that he was only defending himself after being hit by the belt.

Mr Nolan said Kelly had acknowledged the serious nature of the incident and accepted that he could have "taken the man's life."  

The court was told that Kelly's sister Charlotte had died in a tragic road accident just a few weeks before the incident and that he had been drinking heavily.

He had a background of addiction and had attended the White Oaks Rehabilitation Centre in 2017, had cooperated with the probation services who said the incident did not appear to be premeditated, that alcohol was a factor and that Kelly was deemed to be of a moderate risk of reoffending.

Mr Nolan said the accused also had €5,000 in court as a token of remorse to the driver.

In a lengthy plea on his client's behalf, Mr Nolan said he thought his client had turned a corner, was still vulnerable but that he had recently "managed to keep his nose clean."

He urged Judge John Aylmer not to consider not imposing a custodial sentence saying he believed there was good in Kelly adding he understood a message had to go out but that his client was now a changed man.

"I am pushing the matter because I believe there is some good here…I would suggest a sentence could be held over his head," he said.

Judge Aylmer replied that Kelly struck the driver twice with a slash hook drawing blood adding: "He is very lucky that he didn't kill him.”

He adjourned the matter for a number of days to consider the sentence.

However, when the case was heard again, Garda Sergeant Maurice Doyle, that despite earlier evidence that Kelly had not reoffended recently, there were now three further matters before the court.

Judge Aylmer described the seriousness of the assault and said Kelly was lucky he was not before a much more serious court on a much more serious charge and placed the incident at the higher end of the scale.

Before mitigation was considered, he said the incident merited a sentence of four years in prison on both counts. 

In mitigation, he said that of his previous convictions, just one was for a section 2 assault, that he had cooperated to s significant extent and unfortunately through his drunken eyes, he saw this as a case of self defence but it was clearly not.

He said he had been told that Kelly was a changed man but that was clearly not the case from what he had heard.

He said he did accept that Kelly is remorseful and that he came to court with the sum of €5,000 for the taxi driver and that he has to be given credit for that but he added that this did not take it into the "realm of a non-custodial sentence."

He reduced the sentence from one of four years to one of three years.

He added that he also noted the accused had the full support of his family and that there was room for rehabilitation but added that the time had long since passed that Kelly made serious efforts towards rehabilitation.

He concluded that to encourage him, he would suspend the final 12 months of this sentence meaning Kelly will serve two years in prison.