ATTACKING a pensioner at the front door of his home with a large knife, resulted in the sentencing of a 44-year-old man at Limerick Circuit Court. Patrick Bermingham, with a current address on Mulcair Drive, Annacotty, but formerly of Castleconnell, was before Judge Carroll Moran at Limerick Circuit Court facing charges of assault and criminal damage after an altercation at the home of a 67-year-old pensioner, over two terrier dogs owned by the accused.
Garda Niall O’Donnovan of Castleconnell Garda Station, told the court that a report was made by Michael Madden that a man had called to his house on November 2, 2010, with a dog, and was abusive shouting that he would “keep whatever dogs” he wanted in “his gaff”.
The incident was said to have occurred around 4.30pm but Mr Madden did not wish to make a statement at the time, just to note the behaviour of the man who was identified as the accused, Patrick Bermingham.
Mr Madden told gardai that Patrick Bermingham had called to his house “remonstrating about letters over his dogs”.
Later that same night, when Mr Madden and his daughter were in the front sitting room, there was what was described as a “light knock on the door,” and Mr Madden answered it to find Bermingham there wielding a knife.
The court heard that Bermingham swung the knife and Mr Madden tried to get the door shut to avoid injury.
It was also told that Bermingham shouted, “I will kill you” twice to Mr Madden, as he continued to swing the knife.
However, Bermingham swung the knife again as the door shut and broke the window causing a minor laceration to Mr Madden in the process.
Gardai and the ambulance were called and Mr Madden was treated for the cut but cleared of any other injuries.
Bermingham was later questioned and a large knife was found on top of the microwave of his home. He was charged a number of days later.
The accused said that he didn’t mean what he said and that it was “drunk talk,” noting that he was intoxicated on the date in question after attending a funeral and consuming a lot of alcohol.
Brian McInerney, defence counsel, said that his client was under a considerable amount of stress due to the “large number of complaints made about his dogs”.
It was said that Mr Madden had to walk through a lane to gain access to his property, and that it was on passing, the dogs, who were contained within Bermingham’s property at Cois Sionna, became agitated, and this was the nature of the complaint.
The accused was said to have a “blurred recollection” of events but that he acknowledges that he did not approach the matter in the right way.
Mr McInerney said that his client should have “approached his solicitor and dealt with it in that fashion”.
Mr McInerney said that his client was involved in a terribly unfortunate situation and that the local authorities have since resolved the matter regarding access.
Judge Carroll Moran described the “use of knives in society is very serious”.
He added that “people who use knives deserve to full rigour of the law for the original intent.
“Things can get out of hand and they can have unforeseen circumstances, including lethal injuries”.
Gardai, he said, were happy to see that peace has broken out, and Judge Carroll Moran said that he did take into account that the accused had no relevant previous convictions and he entered an early plea of guilty.
Judge Carroll Moran convicted and sentenced him to two years in prison on the Section 3 Assault Charge, but suspended it for a period of three years and bound him to the peace.
No order was made on the criminal damage charge, and a charge relating to the possession of the knife was not prosecuted.
