Man attacked garda he mistook for a 'skinhead'
A man who attacked an undercover garda with a baton after mistaking him for a "skinhead" mugging his teenage brother has been given a three years suspended sentence and fined €6,000 by Dublin Circuit Criminal Court.
Vincent Lawless, aged 30, of Clanbrassil Close, Clanbrassil Street, pleaded guilty to assault and possession of a weapon on September 20, 2003.
Garda Damien O’Farrell, the victim, agreed, with Lawless’ counsel, Mr Fergal Foley BL, that he had "a tight hair cut" at the time and had been working undercover in surveillance of an area on Clanbrassil Street.
He denied, however, that he looked like "a skinhead" at the time.
Garda O’Farrell told prosecuting counsel, Mr John Quirke BL, that he and Sergeant Ger Egan were on a surveillance operation of the street on foot of confidential information that drugs transactions were being carried out outside a public house in the area.
Garda O’Farrell said they saw a young man, Lawless’ brother, Michael Lawless, engaging in suspicious activity and approached him.
Michael Lawless refused to answer questions and refused the request to search his person. He put his hands in his pocket and refused to bring them out.
Garda O’Farrell said Sgt Egan held Michael Lawless’ hands and felt a package in his pocket. As they tried to arrest him, his brother Derek Lawless arrived at the scene and attempted to assist in Michael Lawless’ attempts to resist arrest.
Garda O’Farrell said that as Michael tried to pass the package to Derek Lawless, a red Ford Fiesta van arrived at the scene.
Vincent Lawless the eldest of the brothers, alighted from the van with a baton in his hand and started attacking Garda O’Farrell, raining blows on his neck and shoulders.
A struggle then ensued between the men and the officers during which the baton fell to the ground and Vincent Lawless ran from the scene. He fled to his house, which was nearby, where he was arrested shortly afterwards by the two gardaí.
Mr Foley told Judge Donagh McDonagh that Vincent Lawless had been unaware the two undercover officers were gardaí and had not heard them identify themselves as such.
A victim of a mugging when he was a young man, he had been quick to jump to his brother’s assistance. Mr Foley also said that Vincent Lawless had only been carrying the telescopic baton in order to protect himself due to a fear that remained with him after being attacked outside his home as a teenager.
Judge McDonagh said he took very seriously the possession of the baton which could inflict serious harm on a person. He said he also believed that Vincent Lawless was prepared to use it indiscriminately and not just for protection.
He suspended the three year sentence after considering that Vincent Lawless did not have any previous convictions and had not been in trouble with gardaí since.
