Tensions rise at Letterkenny court as man who branded machete avoids prison

Tension heightened at a recent sitting of Letterkenny District Court during which a man who brandished a machete after having a part of his ear bitten off in an attack at his home was given a suspended prison sentence.

Tom Ward, who was charged with producing an article during the course of a dispute, was handed a six-month suspended sentence for his part in the incident at his home at Cashel Park, Lisnennan, Letterkenny, on December 28, 2022.

Judge Éiteáin Cunningham previously heard the facts in the matter and Ward appeared again for the purpose of sentencing.

Garda reinforcements were called after parties became involved in a verbal exchange in the foyer of Letterkenny courthouse.

There was a considerable Garda presence in the courtroom when the case was later called while Judge Cunningham issued a stern warning to those present.

“This is a courthouse and peace must be kept in this courthouse,” Judge Cunningham said.

“There are to be no negative interactions between any parties at all. I am not here to referee disputes of this nature. There is to be no disruption. If the Court is disrupted, those who cause that disruption will be asked to leave the courtroom.”

Sergeant Gerard Dalton previously outlined the case to the court. After receiving a report of an alleged assault, Gardai arrived at the scene and spoke with Ward, who had injuries to both ears, including having a part of one removed.

Sergeant Dalton said CCTV was viewed and Ward was observed, after the assault, getting an article from a car and wielding it at the car containing the other two men. The car had a number of marks and the owner of the vehicle did not make a statement of complaint.

Mr Rory O’Brien told the initial hearing that his client needed 20 stitches having been kicked and punched “in a completely unprovoked attack”.

Mr O'Brien said his client had blocked one of his attackers on WhatsApp “and he was met with extreme violence”. He said Ward acted in “an act of self preservation and an act of protecting his family when he produced a machete to protect himself”.

Mr O’Brien asked that the footage be played at the latest sitting, which was for the purpose of sentencing Ward, so “the Court can have an understanding of the overall context”.

Mr O’Brien said his client suffered a serious ear injury, which is the subject of a separate investigation.

He said: “In no way are Mr Ward’s actions condoned. He is not entitled to produce any weaponry, but he did not invite any trouble to his home. Other individuals came to his home with the only purpose to carry out an attack on Mr Ward.”

Referring to a probation report, Mr O’Brien said his client cooperated fully when arrested and has pleaded guilty. He said his client would not have produced the machete but for the initial “attack on his home”.

Probation supervision could benefit Ward, his solicitor said.

“This was a singular incident with a singular charge,” Mr O’Brien said. “This is a unique set of circumstances the Court is dealing with. All he wants to do is get on with his life and be with his family.”

Noting the CCTV which she viewed, Judge Cunningham said that “all parties have behaved despicably”.

“That behaviour will not in any way, in any way, be tolerated by this Court,” Judge Cunningham said. “I want to be very clear in relation to all parties. An aggravating factor is that I saw at least two children, not only witnessing, but one young boy came out with a hurley and proceeded to go after other members with the hurley. It was absolutely appalling.”

Judge Cunningham said she deemed the charge to be serious and could not condone Ward’s action. 

“I accept the circumstances, but it cannot be a situation where it can be a tit-for-tat; that will not be tolerated,” she said.

Given that Ward has engaged with the Probation Service, Judge Cunningham convicted Ward and sentenced him to six months imprisonment with the entirety of the sentence suspended for 12 months on condition that Ward engage with the Probation Service during that 12-month period.

Recognisance was fixed in Ward’s own bond of €200 nil cash.

Judge Cunningham added: “I want the message to go out loud and clear: This Court is available at all times and special sittings can be convened any day, even Christmas Day, Christmas Day, St Stephen’s Day, New Year’s Eve and New Year’s Day.”