The owner of a children’s clothing store in Swords has been jailed for ten years for a stabbing that left his victim’s intestines protruding from his body.
Darren Duff (36) of Doon Court, Poppintree, Ballymun was convicted by a jury at Dublin Circuit Criminal Court on July 29th of causing serious harm to Stephen McCann on July 28th, 2001 at Hillcrest Way Estate, Lucan.
The victim and 10 other civilian witnesses refused to testify at the 11-day trial before the statements they made to gardai in 2001 were read into evidence by prosecuting counsel following legal argument in the absence of the jury.
"I don't want to give evidence in this trial. I just want to move on with my life and forget about everything," Mr McCann said after taking the oath on the first day of the trial.
A procession of other witnesses followed him to the witness box with each one of them, after taking the oath, declining to give evidence.
Judge Frank O'Donnell said he was not surprised to hear that Mr McCann had declined to make a victim impact statement in the case.
"I watched him and the other witnesses decline to give evidence in the trial having initially given very damning statements to gardai. These young people all gave the same message with fear written all over their face and embedded in their composure," Judge O'Donnell said. "I have no doubt as to the source of their fear".
He said that the fact that Duff had gone into a house to pick up a knife showed "malice and forethought with the intent to cause serious harm".
"You caused an incalculable amount of harm so much so that seven years after the event it is still with Mr McCann," Judge O'Donnell said.
He told Duff that his 23 previous convictions, including nine and five year sentences for two armed robberies, showed "a consistent disregard for any structures placed on him by society" and added that the prison terms imposed on him had not seemed "to deter him in the slightest".
Judge O'Donnell sentenced Duff to ten years in prison.
The jury heard that Mr McCann had been talking to friends outside a house in Hillcrest Way when he intervened in a dispute between Duff and a woman.
There was a short struggle which ended when Mr McCann's friend pulled him away from Duff who then armed himself with a knife from a house, ran after Mr McCann and stabbed him in the stomach.
Duff moved off but continued to make threats before driving away He presented himself at the local Garda station in September 2001 but refused to stand in an identification parade.