Knife wielding Longford man jailed for nine months for threatening publican

A man with 145 previous convictions was sentenced in Longford District Court to nine months in custody for threatening a publican.

James Smith (41) of 1 Granard Road, Edgeworthstown was charged with possession of a knife, possession of a scissors, engaging in threatening, abusive or insulting behaviour and public intoxication.

Inspector David Jordan told the judge the prosecution stemmed from an incident on Wednesday, February 2, 2022 at Granard Road Edgeworthstown.

The first State witness, Margaret Maguire, outlined to Judge Bernadette Owens her experience on the night. At 9:30pm James Smith came to the pub, but Ms Maguire refused to serve him and asked him to leave.

In the witness box Ms Maguire said: “He refused to leave. I repeatedly asked him to go. He became abusive, using a lot of foul language and made a lot of threats.”

The witness said the threats were not just directed at her: “He threatened my daughter who is a member of An Garda Síochána. He told me he knew where she lived and he would get her. He said he's not afraid of Gardai and is well able for them.”

Describing the demeanour of the defendant Ms Maguire said: “He was off his head. His eyes were popping out of his head. He was like a crazy man. A lot of things he was trying to say to me were gibberish. It was hard to make sense of what he was saying.”

Ms Maguire said Mr Smith left the pub “after ten or 12 minutes”.

A short while later the witness went outside to have a cigarette. Ms Maguire said she saw Mr Smith coming down the street “with something in his hand”. She went back into the pub and locked the door. Through a small clear pane of glass she could see the defendant had a knife and scissors in his hands, so she called the Gardaí.

Under cross examination by counsel for Mr Smith, Andrea Callen Bl, pointed out her client had not been named in the witness statement to Gardaí. The barrister suggested that Ms Maguire may have seen a different person outside the pub.

Ms Maguire said she knew the defendant's mother and although she was not friendly with Mr Smith she knew him.

The second State witness, Garda Enda Kenny, said he attended Jack's Corner House in Edgeworthstown following a report of a man with a knife.

Garda Kenny said he spoke to Ms Maguire who outlined the events of the evening. The victim sat into the patrol car to provide a statement. During the interview they observed Mr Smith coming out of a house, then going back inside.

Ms Maguire confirmed this was the person who had threatened her. Garda Kenny went to the door of the house and asked to speak to Mr Smith.

Mr Smith locked the front door and told the Garda to go away. Garda Kenny called for the assistance of the Armed Support Unit. When they arrived they went to the rear of the property and gained access to the house.

Mr Smith shouted: “Get out” and “What are you doing here?”. He was in an agitated and intoxicated state, and was restrained and arrested.

In interview the defendant admitted to an altercation in the Jack's Corner House, but denied there were any weapons involved. Initially he was taken to Granard Garda Station, but he became unwell and was brought to Mullingar General Hospital.

Garda Kenny said following Mr Smith's arrest they undertook a search of the house he was in, but no items were recovered.

In a submission to Judge Owens, Ms Callen said there were discrepancies in the identification of Mr Smith. The barrister said the prosecution had failed to prove beyond reasonable doubt that her client was the man at the door of the public house.

In her summation Judge Owens said the evidence of Ms Maguire was “crystal clear”. The judge said the witness had “no hesitation or doubt” and on the basis of the evidence she had to convict.

The court was told the defendant had 145 previous convictions. The father of six resides in Cavan, is not working and is on methadone maintenance programme. Ms Callen said Mr Smith has “a number of health issues”.

Judge Owens said the defendant had “significant relevant previous convictions”. The judge imposed a nine months sentence for the knife possession charge, while the possession of a scissors was taken into consideration.

A three month sentence was imposed for the threatening and abusive behaviour charge, while the public intoxication charge was taken into consideration.