Youth who stabbed garda to be further assessed

Youth who stabbed garda to be further assessed


Áine Ryan

A CIRCUIT Court judge has ordered that a youth, who stabbed a young garda in Westport last summer, be psychiatrically assessed for his likelihood to re-offend.
Thirty one-year-old Garda Daryl Mullen sustained serious stomach injuries and underwent emergency surgery, including a splenectomy, in Mayo General Hospital afterwards.  
Sitting at Castlebar Circuit Criminal Court last week, Judge Raymond Groake said he could not sentence the youth for the stabbing of Garda Daryl Mullen, on August 9 last, until such a psychiatric analysis was provided.
Judge Groarke was referring to a key recommendation in a broad psychiatric assessment already submitted to the court.  
The youth, who cannot be named for legal reasons, pleaded guilty to a Section Four assault, after he stabbed the Tuam native in the early hours of August 9. At the time Garda Mullen was patrolling James Street, Westport, during the annual music festival, with other members of the Divisional Drugs Unit.
In evidence, Sergeant Pat Lavelle said the youth claimed he was carrying the knife as a form of protection because of an ongoing dispute between a group of youths from Westport and Louisburgh. Under questioning by Martin Giblin, counsel for the defence, he revealed that the youth’s home had been attacked one night between 2 and 3 am, with approximately seven windows broken.
“[The youth] named the people he thought were responsible but there was no evidence for a prosecution,” Sgt Lavelle said.
Referring to the youth’s original statement, Martin Giblin said that, when asked why he had stabbed the garda, he replied: “Because I was scared.” The, then, 16-year-old also stated that he had been terrorised and was sleeping with a baseball bat beside him in the bed.
Mr Giblin observed at this juncture that ‘the injured party found this [justification] very difficult to accept’.
Mr Giblin told the court the youth has been diagnosed with ADHD (Attention Deficit Hyperactivity Disorder) and had a serious issue with reading and spelling, which were  now being addressed at St Patrick’s Institution, where he has been on remand since August last. He told the court he had completed the Junior Certificate course while on remand and hoped to start the Leaving Cert course in September next.
“I think it is important to note that in late 2008 he had a positive Probation Report. His family thought he had turned a corner but he doubled back on himself. That report said he was ‘immature’, ‘vulnerable’ and ‘easily led’,” Mr Giblin observed.
Sgt Lavelle also said he didn’t think the youth ‘realised the gravity of his offence’ and had ‘an obsession with knives’ that ultimately led his mother to remove all knives from their home. He also told the court his mother had brought a letter of apology for Garda Mullen to Westport Garda Station on March 2 last.
Responding to this, Counsel for the Prosecution, John  Jordan said: “I think Garda Mullen saw that letter of apology as hollow and it did rankle with him. He saw it as a strategic move.”
Mr Jordan continued: “I think we know that Daryl Mullen has been in and out of hospital since. And that he was readmitted to hospital in February to have the colostomy bag procedure reversed.”
He observed the garda was enduring a protracted recovering due to complications and that ‘it was very obvious that the attack and injuries have made a significant impact on him both physically and mentally’.
“It looks like he will be attending doctors for the foreseeable future. Garda Mullen was a progressive garda and this has had a significant impact on his career,” John Jordan said.
Sergeant Denis Harrington then detailed the bail conditions under which the youth was bound by, when he stabbed Garda Mullen.
“People, including the judge and the gardaí, were prepared to give this man a chance. Yet five weeks after that court decision (July 3) he had committed this serious assault,” John Jordan said.
“Particularly because of his youth, we were trying to do everything we could for him. This was even a second and a third chance because he had breached previous bail conditions,” Sgt Harrington said.
Responding, Judge Raymond Groarke observed that while he was ‘impressed by his mother’, the youth was again ‘breaking all the rules’ within a fortnight of his release last from St Patrick’s Institution last July.
“I have serious concerns about what risk this man is to society when he will be released. I’d like a Psychiatric Risk Report to tell me,” the judge said.
He adjourned the case until Friday, June 18. Matters relating to other convictions appealed from the District Court were also raised.

Background
ON July 3 last, Judge Raymond Groarke released the youth from St Patrick’s Institution, Dublin, after he had spent three months in solitary confinement, due to personal threats. Judge Grorke imposed very strict bail conditions including a curfew. At the time he was serving a nine-month jail sentence for a litany of offences, which included the theft of a car, dangerous driving – culminating in a high-speed car chase – assault and possession of a firearm (a steak knife).
It emerged the youth was taking large amounts of Ecstasy at the time of these offences and that the death of his step-father may have triggered the change in his behaviour.
Releasing the young man, with stringent bail conditions, Judge Groarke said that ‘any young person is entitled to make mistakes and to get a fool’s pardon’. He adjourned sentencing so that the accused ‘could fully engage with the Probation Services’ and stay out of ‘all forms of trouble’.
It was noted at last week’s sitting that five week’s later he had broken his bail conditions and re-offended.

Victim Impact Statement
MAKING his Victim Impact Statement in January last, before Judge Groarke, Garda Mullen, said he was so deeply traumatised, he was afraid to go out.
After alerting the youth to the presence of gardaí, and approaching him, Garda Mullen recounted how he was stabbed in the abdomen, with the knife pushed downwards three times.
He immediately lost all power in his legs and colleagues rushed him to Mayo General Hospital, Castlebar, while others pursued the youth and apprehended him.
“I think one of your colleagues was holding your abdomen,” John Jordan, prosecuting counsel observed.
“My life changed drastically that night. I’ve had surgery and further surgery. And I spent three months in hospital,” Daryl Mullen said.
“I had five hours of an operation to save my life. My consultant said if I was living in Belmullet or Ballina I would have lost my life,” he continued.