Teenager who assaulted a man in the aftermath of a separate fatal stabbing gets a suspended term

By Eimear Dodd

A teenager who assaulted a man in the aftermath of a separate fatal stabbing five years ago has been handed a suspended prison sentence.

Dublin Circuit Criminal Court heard there was an encounter between two groups at Finsbury Park in Dundrum, during which Azzam Raguragui (18) was fatally stabbed.

A 17-year-old youth was found guilty of manslaughter following a trial at the Central Criminal Court in September 2020.

Members of both groups left the park, including Calistus Omoikhudu (21) and others who headed towards Nutgrove Avenue, Churchtown.

Omoikhudu (then 16) had gone to the park after he was sent message threatening him and his friends, the court heard.

He encountered the injured party on Nutgrove Avenue and, believing him to be a member of the other group, stabbed him in the thigh with a kitchen knife.

The court heard the injured party had arrived at Finsbury Park after the incident and was given a knife – unconnected to the fatal stabbing – by someone at the scene who wanted to dispose of it.

The injured party cycled away after he was assaulted and was later assisted by passers-by.

A medical report outlined that he sustained a 15cm laceration to his thigh and required surgery.

A victim impact statement was provided to the court, but not read aloud.

Omoikhudu was identified by gardai as a person of interest and a warrant obtained to search his address.

A small amount of cannabis and a set of knives with one missing were located during the search.

He was arrested later that month and during interview, admitted his involvement in the Nutgrove Avenue incident and expressed his regret.

He said he took a knife from the kitchen and brought it to the park as a threat had been made towards him.

The garda witness said Omoikhudu was “no exception” as a lot of people brought knives to the park.

Omoikhudu (21) of Knocknarea Road, Drimnagh, Dublin 12, pleaded guilty to assault causing harm and possession of a knife at Nutgrove Avenue, Churchtown, Dublin 14 on May 10, 2019.

The defendant has not come to garda attention since and has no previous convictions.

The garda agreed with Michael Bowman SC, defending, that his client was living with extended family at the time and had “no one keeping an eye on him”, but has since matured.

It was further agreed that there is no evidence that Omoikhudu produced a knife while at Finsbury park.

The garda accepted that the defendant was the focus of some animosity from the other group.

He also agreed that Omoikhudu told gardai when interviewed he was “paranoid” when he assaulted the injured party, accepted he caused the injury and expressed regret for  his actions.

The garda witness also accepted that blades were brought to the scene as the other group would sometimes carry items, including tasers.

Mr Bowman said his client was a young person “on edge” at the time who over-reacted.

His mother removed him from that environment and he no longer associates with that group.

His client was not facing charges when he was sent to a school in Nigeria.

He returned to Ireland in 2022 and is working and in education.

Mr Bowman noted his client had no involvement in earlier incident in Finsbury Park.

He said threats were made against Omoikhudu by the other group and he “ill-advisedly and unlawfully” had a knife in his possession.

Counsel said this was not in isolation as “everybody was on edge at the time”.

His client acknowledges his actions were “unjustifiable” and has taken responsibility, counsel said.

A letter of apology was handed to the court.

He submitted that if his client had been dealt with as a juvenile, the court would have been obliged to consider detention as a last resort under the Children’s Act.

Mr Bowman argued that his client has matured significantly over the past five years and acknowledges that he has “done a wrong of a significant quality”. He argued Omoikhudu’s actions since are a “testament to why young offenders are treated differently”.

His client is a “young man who transgressed, but has done everything since possible to right that wrong,” he added.

Imposing sentence yesterday, Judge Martin Nolan said both Omoikhudu and the injured party were in “close proximity” to a separate “serious” incident which occurred before this assault.

Judge Nolan said an “attack with a knife is always serious” and “if the knife had struck a blood vessel, it might have been in a different court”.

He noted that there was “some lack of parental control” and oversight of Omoikhudu at the time, but he “did quite well” after being sent to Nigeria to continue his education and appears to still be doing well.

Judge Nolan said the court had “regard to the spirit” of the Children Act when designing a sentence in this case as Omoikhudu was 16 when he committed the offence.

He noted that the courts and the legislature have recognised that children are in a “different category” and “their culpability is lessened by reason of their age”.

He said the court considered that Omoikhudu was unlikely to re-offend in future “by reason of his post-event good behaviour”.

“He was carrying a knife, but he was a very young man,” the judge said, adding “thankfully” the injured party “did not sustain a more serious injury”.

He imposed a three-year sentence suspended in full on strict conditions.

He also directed Omoikhudu to place himself under the supervision of the Probation Services for 15 months