Man who rammed Leinster House, Custom House and Aras An Uachtaráin gates spared jail
The judge told David O'Callaghan 'Any repeat and you will end up in prison'
A judge has warned a man who was suffering from a paranoid delusion when he rammed gates at Leinster House and Aras An Uachtaráin last year that he will end up in prison if he repeats his offending.
David O'Callaghan (41) of the Fairways, Woodbrook Glen, Bray, Co Wicklow, caused over €60,000 worth of damage after he drove at gates at Leinster House, Custom House and Aras An Uachtaráin, Dublin Circuit Criminal Court previously heard.
O'Callaghan pleaded guilty to driving into the rear gates of Leinster House and two counts of criminal damage, all on August 2 last.
He told gardai that a person he believed to be his father was 'spiking' and spraying poison in his food and room. He said he had been communicating with President Michael D Higgins about this and decided to crash into the gates to stop it himself.
O'Callaghan said he didn't want to get inside, only cause damage. He has since been diagnosed with schizophrenia and is receiving treatment.
O'Callaghan has 11 previous convictions, including for drug offences.
After hearing facts last month, Judge Martin Nolan directed the Probation Service to comply conditions for the supervision of O'Callaghan.
Damaged gates at Government Buildings; (inset) David O'Callaghan
Today, Judge Nolan imposed a four-year prison sentence, which he suspended on strict conditions including that O'Callaghan place himself under the supervision of the Probation Services for 21 months.
The judge told O'Callaghan: 'You have to do what they [the Probation Service] tell you to do.'
'You're getting a chance, principally by reason of your underlying problems, but any repeat and you will end up in prison,' the judge said, adding that O'Callaghan would be brought back before the court if he offended during the term of the suspended sentence.
Garda Niamh McCarthy previously told Oisin Clarke BL, prosecuting, that O'Callaghan drove a white Ford Transit van to Chesterfield Avenue, then did a sweeping u-turn in front of the entrance gates of Aras An Uachtaráin before reversing into them and breaching them, before driving away.
The gates were inoperable for a period of time after this incident, with repairs costing €4,795.
O'Callaghan then drove to the Customs House, where he drove into gates, reversed out, then turned and reversed in for a second time.
The court heard the gates were not forced open the first time he hit them, but after he reversed into them. Approximately €2,000 worth of damage was caused.
A few minutes later, a garda on duty at the rear of Leinster House heard a loud crash, then metal hitting the ground. He saw a vehicle reversing from the gates towards Merrion Street Upper.
A short time later, the garda heard two further crashes and then noticed a van stopped near the Department of the Taoiseach and that a set of gates at the Ministers' Entrance were off the hinges.
O'Callaghan damaged three sets of gates at the rear of Leinster House in quick succession at around 2.30am.
David O'Callaghan
News in 90 Seconds - Tuesday, May 6th
The first gate was not fully breached after O'Callaghan drove straight into it due to the anti-ram protection in place.
He then reversed at speed into the gate known as the Minsters' Entrance, knocking it from its hinges. One of the gates collided with an usher's hut, smashing a window.
The court heard that O'Callaghan struck the perimeter gate at the Department of the Taoiseach with such force that the airbags deployed and the van was inoperable afterwards.
O'Callaghan then got out of the van and appeared to be drinking from something. It also looked like he had his phone and was recording, the court heard.
Over €52,000 damage was caused to the gates at Leinster House.
He told gardai at the scene that he had been driving the van and he admitted crashing into the gates at Leinster House, Customs House and Aras an Uachtaráin.
He also told gardai that he had consumed alcohol and cocaine earlier that evening.
After his arrest, O'Callaghan told gardai he had reversed into a vehicle parked in the forecourt of Windsor Motors, Bray, Co. Wicklow before he drove to Aras An Uachtaráin. The court was told that extensive damage was caused to the vehicle.
In total, €60,000 worth of damage was caused, not including the damage to the vehicle in the forecourt.
O'Callaghan was arrested and was initially deemed unfit for interview. When he was later interviewed, he said he 'just lost the head and felt highly psychotic'.
Gda McCarthy told the court that O'Callaghan was cooperative with gardai and entered an early guilty plea.
She agreed with John Berry SC, defending, that emails were found on O'Callaghan's phone, which indicated he had a paranoid delusion that his food had been spiked and he had been poisoned for three years.
It was further accepted that after O'Callaghan was charged, gardai objected to bail. He was assessed by Cloverhill Prison's psychological team and arrangements were made for him to be treated as an involuntary in-patient at a psychiatric facility in Dublin.
O'Callaghan was later granted bail in October, having spent three months in custody.
It was further accepted that O'Callaghan has agreed that information can be given to gardai if he stops his treatment or takes illicit substances, and gardai have been in recent contact with his father.
Mr Berry told the court his client had been emailing the President, adding that his client was not emailing the Taoiseach or the Minister for Housing.
Defence counsel said his client has a long work history, most recently as a kitchen porter.
He said it was unrealistic for his client to repay the cost of damages due to his low income. A number of reports were handed to the court along with a letter from O'Callaghan's father.
Mr Berry asked the court to take into account his client's psychiatric difficulties, which were aggravated by his voluntary abuse of illicit substances. Counsel outlined that the report indicates a treatment plan for his client with O'Callaghan's father to contact the relevant services if his son relapses. He asked the court not to impose an immediate custodial sentence.
Judge Nolan previously noted that O'Callaghan would require supervision. He added that the Probation Service is 'a State authority with statutory power', noting that the court didn't want to 'place these burdens' of supervision on O'Callaghan's father or psychiatric services.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Sunday World
8 hours ago
- Sunday World
Man involved in theft of 12 e-scooters from Dublin business ‘ashamed of his actions'
Dublin Circuit Criminal Court heard that the 12 e-scooters, worth €7,780, have never been recovered A man involved in the 'opportunistic' theft of 12 electric scooters from a Dublin business has been handed a suspended prison sentence. Dublin Circuit Criminal Court heard that the 12 e-scooters, worth €7,780, have never been recovered. Patrick Berry (40) of Labre Park, Kylemore Road, Ballyfermot, Dublin 10 pleaded guilty to theft on November 16, 2020 from a storage unit at a business park in Ballymount. An investigating garda gave evidence that a patrol car was flagged down by men outside a storage complex in Ballymount. The injured party told gardai he had an e-scooter sale and repair business and his storage unit had been broken into. He said that he was not sure the shutter had closed properly when he left the unit two days earlier. Stock image News in 90 Seconds - June 20th CCTV played to the court showed a white van stopping outside the storage unit. The shutter was slightly open. The van's driver – who has not been identified – got out and looked under the shutter. He then got back into the van and parked it closer to the storage unit. After the shutter was lifted, Berry and the driver placed 12 boxed e-scooters in to the van. The shutter was then lowered and the van left the area. Berry was identified from the CCTV. When his address was searched on November 24, 2020, the white van was parked outside and seized by gardai. He was arrested and nothing of evidential value was obtained when he was interviewed by gardai. A victim impact statement was handed to the court but not read aloud. Berry has 30 previous convictions including eight for theft. All of his previous convictions were at the District Court and Berry has had no new offences since 2021, the court heard. The investigating garda agreed with defence counsel that Berry has addiction issues, which he has taken steps to address. The garda also accepted that testimonials on behalf of Berry are positive. Defence counsel said €3,200 had been gathered by his client's parents and was available in court as a token of remorse. He said Berry was apologetic and deeply ashamed of his actions. His client was using cocaine and crack cocaine. Berry has taken steps to address his addiction and is engaging with relevant services. Clean urine analysis was provided to the court, along with testimonials and an offer of trial employment Family members were also in court to support Berry. Judge Orla Crowe noted that this incident took place during the Covid-19 pandemic, and that it appeared the business park was 'quiet' at the time. The judge said this was an 'opportunistic' theft, which took place 'very quickly'. Referring to the victim impact statement, the judge noted while €7,780 may in some circumstances be a small amount for a business, for the injured party's business at that time it was 'almost existential'. Judge Crowe said the theft 'almost caused the collapse' of what was then a new business. She noted this caused great stress to the injured party. The judge noted the business had endured and the court commended them for that. The judge said it showed 'how one offence can have larger consequences'. Judge Crowe said the impact on the injured party, Berry's previous convictions and the value of the goods were aggravating factors. Having considered the mitigation, the judge imposed a sentence of two years and six months. Judge Crowe said the court wished to 'give this man a chance' and suspended the sentence on strict conditions, including that Berry remain drug-free, for four years. The judge also directed that the €3,200 brought to court should be paid to the injured party's company.
Sunday World
2 days ago
- Sunday World
Dublin man faces trial on money-laundering and drugs charges
The offences allegedly took place at Philip Furlong's home in Lucan on October 15, 2024. A Dublin man charged with money-laundering and drugs offences following a garda raid on his home has been sent forward for trial. Philip Furlong (42) was served with the book of evidence when he appeared on bail before Blanchardstown District Court. The accused, with an address at Griffeen Glen Avenue in Lucan, is charged with possession of alprazolam, cocaine and zopiclone, as well as having the three drugs for the purpose of sale or supply. Philip Furlong outside Blanchardstown District Court. Photo: News in 90 Seconds - June 19th He is further charged with handling, acquiring, possessing or using property, namely €5,000 in cash, which was the alleged proceeds of crime. The offences allegedly took place at Mr Furlong's home in Lucan on October 15, 2024. A state solicitor said that the book of evidence was ready and had been served on the accused, who goes forward to the next sittings of Dublin Circuit Criminal Court. Judge David McHugh gave Mr Furlong the formal alibi caution. The judge also assigned defence solicitor Wayne Kenny and one junior counsel on free legal aid. Judge McHugh further ordered that a video copy of an interview which gardaí conducted with the accused should be furnished to his legal team. Mr Furlong has not yet indicated a plea to the charges against him. The accused was remanded on continuing bail to appear before a court in the Criminal Courts of Justice on a date in July.
Irish Examiner
5 days ago
- Irish Examiner
Mick Clifford: At a time of severe prison overcrowding, why is more use not made of community service orders?
Kyle Hayes is paying his debt to society in a constructive manner. Last April, he was ordered by Limerick Circuit Criminal Court to do 120 hours of community service in lieu of a three-month prison sentence. That in turn was handed down after he broke the conditions of a suspended prison sentence having being found guilty of engaging in violent disorder outside a nightclub in Limerick in 2019. On one level, he has been fortunate. Prison was a very real possibility following his initial conviction. The subsequent conviction for dangerous driving, while serving the suspended sentence, could easily have resulted in the prison sentence being activated. He is also fortunate in that community service orders are very rare in the Circuit Court. That's not to say that the system wouldn't benefit from more such orders in that court. But right now, they tend to be used nearly exclusively by the district court. He would, however, appear to be the ideal candidate for a sanction that was designed to lessen the frequency of sending people to prison. As a high-profile hurler, he has skills that could be well utilised in the community. Kyle Hayes, as a high-profile hurler, has skills that could be well utilised in the community. Picture: Brendan Gleeson He does not have any impeding characteristics, such as an addiction, the kind of issue that often deems an offender to be unsuitable for community service. But what exactly will he be doing to pay his debt to society? How are community service orders monitored, and what happens if an individual does not complete an order? And crucially, at a time of severe prison overcrowding, why is more use not made of community service orders? They are definitely an enlightened element of the criminal justice system. The concept was introduced in a 1983 Criminal Justice act. 'A community service order shall require the offender to perform, in accordance with this Act, unpaid work for such number of hours as are specified in the order and are not less than 40 and not more than 240.' The order is designed to apply in lieu of prison sentences of up to 12 months. In general, the work has to be completed within a year but certain leeway might be given by the probation service, which oversees the orders, in special circumstances. The service could involve anything from assisting with community organsations, or with clean ups, or providing service in training or coaching young people. Questions sent to the Probation Service requesting information on specifics of the work concerned did not receive a reply. The only other law covering community service orders is the Fines (Payment and Recovery) Act 2014 which makes provision for a judge to issue an order as an alternative to sending a person to prison. The order is dependent on a report to assess whether the offender is suitable for it. Up to a quarter of those assessed are rejected as unsuitable. In the vast majority of these cases, that means they must instead serve a prison sentence. Another criteria which must be met in theory is that there is sufficient work required within the community through which the order can be worked out. A major question arises as to whether community service orders could be used more frequently. This is amplified at a time when prison overcrowding is a constant and growing problem. For instance, in 2023, 78% of all committals to the Irish prison system were for sentences of 12 months or less. This represents 6,191 individuals out of a total of 7,938 committals. In 2023, the annual cost of keeping a prisoner was over €85,000. Apart from that, there is an obvious loss of social and personal capital in locking up people when an alternative is available. Research from abroad suggests the offender is less likely to reoffend if he or she avoids prison. A person who is working can continue to do so, further enhancing the likelihood of staying away from crime. There is an obvious loss of social and personal capital in locking up people when an alternative is available. At a time when the main thrust of penal policy in government is to build more prisons, it appears highly questionable that there continues to be a failure to properly utilise the alternatives. In fact, the trend appears to be going in the opposite direction. In 2011, there were a total of 2,738 community service orders. This level was maintained up to 2019 when there was 2,791. Then it fell off a cliff with 1,161 the following year which was, to a large extent, attributable to the pandemic and lockdowns. However, since then the take up for the orders has been sluggish with just 1,288 in 2022. In 2023, this rose to 1,644, which, the probation service reported, accounted for 'in lieu of 778 years in prison' and benefited communities nationwide to the tune of over €2m of unpaid work. A review of the policy and use for community service orders was conducted by the Probation Service in 2022. It presented some useful suggestions for an increase in the use of the orders. Following on from that, the minister for justice appointed two academics, Niamh Maguire and Nicola Carr, to research the whole area. Their findings were published last November. They interviewed a whole range of judges on attitudes and practices. One recurring theme was that judges have an understanding that they must 'consider' such a sanction, but not regard it as a preferred option. One district court judge told them that as far as they were aware 'we have to consider giving a community service order as opposed to a prison sentence. We have to. And all we have to do is consider it. We actually don't have to impose a community service order, that's my understanding.' There are also major problems with resourcing. Many judges around the country simply do not have the option of imposing a community service order as there is no probation officer available to conduct an assessment of suitability. And sometimes where there is somebody available, the time before a report can be compiled is so long as to make the order untenable. The balance of resources within the system is heavily weighted towards imprisonment. The Irish Prison Service has a budget that is more than 10 times that of the probation service. Expanding use of community service orders would require a rebalancing of that budget and inevitably would be met with the usual resistance from a State agency. The report compiled by the academics was entitled Community Or Custody? A Review of Evidence and Sentencers' Perspectives on Community Service orders and Short-Term Prison Sentences. It recommended that resources need to be applied so that community service orders are "suitable for the broad range of individuals who come before the courts for sentencing but specifically for categories that are currently not considered suitable including persons with substance misuse issues, mental health difficulties and physical disabilities". Currently, candidates for a community service order are often deemed unsuitable because of such issues. Changing that would at the very least ensure more who are assessed would end up serving the order with all the benefits that attach for both the individual and society. They researched systems abroad. In Finland, for instance, any prison sentence of eight months or less is automatically commuted to a community service-type sanction. The academics also concluded that consideration for community service orders needs to be given to people who come before the court frequently, particularly where crime is directly linked to addiction, mental illness and poverty. Again, repeat offenders are currently often deemed unsuitable for consideration for a community service order. Apart from tackling crime in a progressive manner, and one that successive governments claim to want, increasing the use of community service orders makes perfect financial sense. The resources required to process and oversee a community service order would be far less than the €85,000 it costs to detain a prisoner for a year. Research into sentencing conducted by the Judicial Council arrived at similar conclusions. Many judges around the country simply do not have the option of imposing a community service order as there is no probation officer available to conduct an assessment of suitability. File picture: iStock In particular, the research pointed to delays in assessment reports because of a lack of probation staff. 'Such delays are likely to have a bearing on the use of such sanctions by courts where time taken for assessment are extended due to Probation Service resourcing issues and managing demands for services.' On foot of the report by the two academics, the Department of Justice has moved to make some changes. This month the minister, Jim O'Callaghan, got approval from Cabinet to draft amendments to the law. These include a provision 'to oblige the courts to consider a community service order in lieu of a prison sentence for up to 24 months duration', where the current threshold is 12 months. There will also be provision to increase from 240 to 480 the maximum community service hours that a judge may order. And there will be an amendment to allow for 'a broader cohort of appropriately trained and designated probation service staff to oversee the administration of community service orders". However, there will not be a change to oblige judges to give priority to a community service order being applied instead of a prison sentence, reverting only to the latter when circumstances demand. Neither is there any commitment to increase the resources applicable to administering community service orders, without which any change in the law will have only a limited impact. Read More
