Man who was overheard by Gardaí making an intimidating phone call to a witness to be sentenced

By Claire Henry

A man who called and intimidated a man he had just assaulted while gardai were present and listening to the phone call will be sentenced next week.

Dublin Circuit Criminal Court heard that gardai were called to an incident in a housing estate in the Clondalkin area on August 19, 2021, where a man was assaulted and intimidated.

Stephen McMullen (25) of Rowlagh Gardens, Clondalkin, Dublin 22, pleaded guilty on the trial date to one count of assault and one count of intimidation of a witness at a previous court sitting.

Detective Sergeant Bernard Houston told Kate Egan, BL, prosecuting, that the injured party had met McMullen four weeks prior to this incident when McMullen offered to sell him “weed”.

The injured party bought some weed and paid for it in full.

Det Sgt Houston said that at approximately 7.30 pm on the evening of the incident, the injured party was in his home with his brother.

He heard his dog barking in the hallway and went out to find a man on his porch. The man said, “Come here, I want to talk to you”, and then tried to pull the injured party out of the house.

The court heard McMullen was outside the house with a group of other men.

The injured party was kicked on the body by the men, and he was repeatedly punched by McMullen on the head. The injured party managed to bang on the door to get the attention of his brother.

The injured party managed to get back inside the house and close the front door.

The gardai were called and were given a description of McMullen. When gardai were speaking with the injured party later, McMullen called him and asked, “What were the gardai still doing at the house” and “What have you told them?”

Det Sgt Houston said McMullen also said, “Don’t be giving the gardai my name. Don’t forget you have to live at the end of the road”.

A short time later, the injured party received a text message with an emoji of a face with a zip going across the mouth.

The court heard that DNA evidence from the scene matched McMullen’s DNA. He was arrested and later charged.

McMullen has 92 previous convictions and was on bail for three offences at the time of this assault.

The injured party did not wish to make a victim impact statement.

Det Sgt Houston agreed with Shaun Smith, BL, defending that his client has no history of violence or violent offending.

He said his client did plead on the trial date, but there had been ongoing discussions in advance of this date relating to a guilty plea.

The garda agreed with counsel that McMullen was the only one from the group of men who were involved in the incident that could be identified and was the only one before the court.

Mr Smith said his client called the injured party knowing that the gardai were at his house and described this as “utter stupidity” on his client’s behalf.

Counsel handed letters into the court, including a letter from McMullen which outlined his remorse for his actions.

He said his client is aware of the seriousness of the offences and that he was on bail at the time of this offending.

He said his client is at a crossroads in his life and wants to live a productive life and avail of a structured environment such as a residential rehabilitation centre. The court was told there is a place available for McMullen in Coolmine Treatment Centre.

Mr Smyth asked the court to take into consideration that this is the first time his client is before the court for a violent offence.

Judge John Martin adjourned the sentencing for one week.