Assault interrupted by passing garda

By Brion Hoban

Two brothers-in-law whose attack on a man on the street was interrupted by a garda have been ordered to perform 240 hours community service.

Dinu Nistor (37) attacked the victim with a telescopic metal baton while Iulian Nistor (31) attacked the victim with a bottle. The incident ended when a garda intervened in the fight.

Both Dinu Nistor, with an address at North Circular Road, Dublin city centre, and Iulian Nistor, of no fixed abode, pleaded guilty at Dublin Circuit Criminal Court to assault causing harm at O’Connell Street Upper, Dublin, on September 7, 2019.

Neither man has any previous convictions.

Garda Dylan Walsh told Michael Hourigan BL, prosecuting, that on the date in question, he was on his way to deal with another matter when he heard a commotion taking place near the GPO and saw a fight break out between a number of men.

Gda Walsh said Dinu Nistor produced a telescopic metal baton and struck the victim three times on the head with it. He said Iulian Nistor produced a bottle and hit the victim with it.

The garda intervened in the fight, producing his baton when his initial verbal commands were ignored by the accused. Both men were arrested at the scene.

The victim gave a statement that he was approached by the two men, with Iulian Nistor saying his brother-in-law had been assaulted earlier in the day. Dinu Nistor then took out the baton and started hitting him.

The man said in his statement he believes it was a case of mistaken identity. He suffered a split ear, but was discharged from hospital on the same day.

Gda Walsh agreed with Marc Thompson BL, defending Dinu, that he had no reason to disbelieve counsel’s instructions that there had been an altercation where the victim made comments about his client’s wife.

The garda agreed with counsel that his client’s wife had a child soon after the incident. He agreed his client was not a man of means and is remorseful and regretful.

Gda Walsh agreed with Simon Matthews BL, defending Iulian, that his client was the brother-in-law of his co-accused and that they would have been living together at the time. He agreed the accused “desisted” after a few seconds.

Judge Melanie Greally said the offending was relatively short but it was a very violent incident in which the injured party was struck several times until the men were interrupted by a garda.

Judge Greally noted the context of the offence in which it was believed an incident earlier in the day had been attributed to the injured party, when in fact he was not responsible for it.

She took into account that each man was married, had a work history and no previous convictions.

Judge Greally said reports before the court indicated the men were prosocial in outlook and at low risk of reoffending.

She imposed 240 hours community service on each man in lieu of two years imprisonment.