A builder chased his neighbour and tried to hit him with a Samurai-style sword in a “wild” and “deranged” incident linked to a dispute over a fence and a garden shed, Dublin Circuit Criminal Court has heard.
In an earlier incident, Francis Halpin waved a hammer at the same neighbour and told him he was “a dead man”.
The victim in the case, whose wife was pregnant at the time of the offences, has since moved house. However, eight references from other neighbours were handed into court describing Halpin as “gentlemanly” and a good neighbour.
Halpin (47), of Newbrook Avenue, Donaghmede, pleaded guilty to one count of producing a sword in the course of a dispute and one count of criminal damage on November 20th, 2021.
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In relation to the hammer incident, he pleaded guilty to one count of abusive behaviour in a public place on July 7th, 2021.
The court heard Halpin suffers from a rare back condition and now uses a wheelchair as he cannot walk long distances.
Garda Shane Kennedy told Aoife O’Leary BL, prosecuting, that the dispute between Halpin and his neighbours started in relation to a garden shed that Halpin built.
In relation to the first incident, the injured party was mowing another neighbour’s lawn when he became aware of Halpin waving a hammer and telling him: “You’re a dead man.”
The injured party’s wife phoned gardaí and Halpin was arrested and interviewed, but not charged. He told gardaí he was holding the hammer for self-defence as he was “not well”. He denied threatening his neighbour with it.
In the second incident, four months later, the injured party and his friend were in the process of building a garden fence when Halpin emerged from his house and started verbally and racially abusing him.
He said “don’t put that f***ing fence up” and started sticking his fingers in his neighbour’s face, the court heard.
Halpin then re-emerged from his house wielding a Samurai-style sword with a blade measuring about 2½ feet, the court heard. He chased his neighbour, who fled into his house.
Halpin caused damage to the man’s front door and then smashed the windscreen of his friend’s van. The total cost of the damage was €200. He has no previous convictions, apart from two minor road traffic offences.
Olan Callanan BL, defending, told the court that his client offered to enter a guilty plea back in July 2022 but there was an issue in relation to the cost of the criminal damage, which was at one point priced at €3,500. Halpin then withdrew his offer and took a trial date.
“This could have been dealt with three years ago if things were clearer,” he said.
Mr Callanan said it was “a dispute between neighbours that led to this wild, violent, frightening incident”. The victims in the case have since moved house as a result of the dispute, the court heard.
“It was a wild and deranged incident,” Mr Callanan said. He said Halpin previously worked as a sole trader in the building industry. He has lived on the road all his life and built his own house where he currently lives.
He became ill with a rare back condition in 2019 and this has worsened over the years. He requires morphine and other medication, uses a wheelchair and is on disability allowance.
His relationship broke down, but he and his partner are still close and in a letter handed into court, she described him as an excellent father to their two children. He is remorseful for his actions, the court heard.
Defence counsel also handed in eight testimonials from neighbours, including the neighbours who moved into the house next door who said they have a great relationship with him.
Handing down sentence on Friday, Judge Martin Nolan said there was no justification for Halpin’s behaviour, which he described as irrational and threatening.
However, he said he believed it would be unjust to imprison Halpin, given the mitigating circumstances and his medical condition. He handed down a sentence of two years, which he suspended in full.
