A man who impersonated a member of the Special Branch and assaulted an award-winning TV chef whose wife he ordered to pull over after he chased her in a car has been jailed for one year by Judge Kieran O'Connor.
Ernest Kenny (28), a father of three, of Park Avenue, Castleknock, pleaded guilty at Dublin Circuit Criminal Court to assaulting Mr Derry Clarke and to careless driving on September 27th, 1997.
Judge O'Connor also disqualified Kenny from driving for four years and directed that he pay £1,000 to Mr Clarke, who suffered a broken nose, two black eyes and had blood gushing from his face after the attack.
The court heard that Mr Clarke, who owns the L'Ecrivain Restaurant on Lower Baggot Street, Dublin, represented Ireland in competitions as a chef on television. He had been due to appear on RTE the following morning but was unable to appear on several shows and lost publicity and money from his restaurant as a result of Kenny's assault. The court was also told Ms Sallyanne Clarke was in fear of her life and became apprehensive every time she had to travel home.
Judge O'Connor said he had a duty to protect women on their way home from work from coming across "blackguards" like Kenny. Garda Pat Lally said Kenny had a background in car sales and at the time of the incident was driving a Toyota Camry, described as big and fast. He had two previous convictions, including one road traffic offence for which he was disqualified from driving for six months.
Garda Lally told prosecuting counsel Mr Padraig Dwyer that Ms Clarke had left her husband to lock up the restaurant that night and got in her car to drive home.
Ms Clarke had stopped her Sports Mazda at the lights at Fitzwilliam Place when Kenny pulled up behind her, got out of his car, banged on her window and impersonated a member of the Special Branch by holding out a fake identity badge.
She had seen him flash her twice en route before this. Kenny told her she was contravening some section of the Road Traffic Act but didn't state what section.
He ordered her to pull over. Garda Lally said Ms Clarke pulled her window down an inch and told him to go away, but she did not pull over and drove away terrified, pursued by Kenny.
She was aware her husband was driving nearby and it was a coincidence he saw her stopped at the lights at the KCR junction in Kimmage with Kenny screaming at her window. Garda Lally said Mr Clarke nudged the back of Kenny's car forward, got out of his car and confronted Kenny, who ignored questions put to him by Mr Clarke.
Kenny showed his fake badge to him. Kenny then struck Mr Clarke over the face with his mobile phone and he fell to the ground. At this stage other cars had arrived and Kenny drove away.
Garda Lally said Kenny told gardai the reason he pursued Mrs Clarke was that she had changed lane rapidly earlier and caused him to brake hard and hit her. Defence counsel Mr Andrew Flynn said his client told gardai he feared for his own safety but admitted that an unnecessary amount of force was used. He made a full statement admitting his part in the assault.
Mr Flynn asked Judge O'Connor to consider that there was no disfiguring of Mr Clarke's face and to consider Kenny as a man who had learned his lesson.