Men to be sentenced later for taking the law into the own hands and attacking a teenager who witnessed their friend being killed

Padraig Conlon 24 Jan 2022

By Brion Hoban

Four men “took the law into their own hands” by attacking a teenager who had witnessed the unlawful killing of their friend, a court has heard.

Rabah Rabai (20), Ibrahim Ouadria (21), Ishak Djebbari (22) and Hamen Guernane (21) were involved in the attack during which the teenage victim was kicked and stamped on while on the ground.

Dublin Circuit Criminal Court heard that the victim in this case was not involved in the unlawful death months prior to the incident and in fact subsequently gave evidence as a witness in support of the prosecution’s case during the trial in 2020.

The court heard that three of the four accused were also witnesses to the unlawful death of their friend.

Rabai of Ballyogen Vale, Carrickmines, Ouadria of Ard Lorcan, Stillorgan, Djebbari of Sandyford Road, Dundrum, and Guernane of Deerpark, Kiltipper, all pleaded guilty to violent disorder at Sandyford Luas Stop, Sandyford, on June 22, 2019.

None of the four accused men have any previous convictions.

Detective Garda James Codd told Fiona McGowan BL, prosecuting, that the four accused were friends of a person who was unlawfully killed in May 2019, while the then 16-year-old victim was friends with the person accused of the killing.

Det Gda Codd said that on the date in question, the victim was travelling north towards the city centre on the Green Luas Line when Rabai and another man approached him and indicated he should get off the Luas.

The victim did not do so as he was afraid of what would happen if he did, but ultimately got off at the Sandyford Luas Stop as he thought it was busy and lit up.

He then waited for a southbound Luas as he had passed the stop he had intended to get off originally.

A Luas arrived which was carrying the remaining three accused men. The victim attempted to get onto the Luas, but he was grabbed and attacked.

The teenager fell to the ground where he was kicked and stamped on the head.

He fell unconscious and woke in an ambulance with abrasions and bruising.

Det Gda Codd told the judge that this was an offence that occurred “probably in direct retaliation” to the matter earlier and agreed the accused men “took the law into their own hands”.

Judge Pauline Codd remanded the four accused on continuing bail and adjourned the matter for finalisation on April 28, next.

Judge Codd suggested that the accused gather some “recompense” for the victim before that date, suggesting a figure in the region of €10,000 between the four men.

Det Gda Codd agreed with Anne-Marie Lawlor SC, defending Rabai, that at the time, her client was someone who was “easily influenced” and who no longer has contact with his former peer group.

The detective agreed with counsel that of those before the court, her client was viewed as being the least violent of the offenders.

Det Gda Codd agreed with Michael Lynn SC, defending Ouadria, that the incident was “spontaneous” and that his client had been playing soccer with friends when they received a text and went to the station.

He agreed that Ouadria was a very close friend of the deceased. With the exception of Ouadria, the other accused men and the victim were all witnesses to the unlawful killing, the detective agreed.

Det Gda Codd agreed with Conor Devally SC, defending Djebbari, that the victim was wrongly associated with wrong-doing and this prompted word to go out to others.

He agreed that Djebbari was not among those first there, but was instead one of those who joined later.

The detective agreed with counsel that his client has been assessed as being unlikely to reoffend and is willing to engage with restorative justice.

Det Gda Codd agreed with Damien Colgan SC, defending Guernane, that his client wrongly believed the victim to have been involved in the assault of his deceased friend, but in fact the victim subsequently gave evidence in support of the prosecution case.

He agreed that the incident lasted a matter of seconds.

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