Father broke into the home of his former son-in-law and threatened him with hatchet

The court heard a FATHER broke into his former son in law’s home with a hatchet and threatened to kill him after the breakdown of his daughter’s marriage.

The 60-year-old man was in Trim Court on 29th January charged with trespassing into another person’s home and threatening to kill. He pleaded guilty and Judge John Martin said during sentencing the offending behaviour was of a “flame having been ignited” following actions from the injured party.

Judge Martin noted an appropriate sentence of 18 months in prison and a fine of €2,500 but deferred finalisation until 3rd July this year. The accused is to remain alcohol free and with Alcoholics Anonymous, complete an anger management course, and enter a peace bond.

The judge said “in other circumstances this is a case that would not attract such a result”.

Detective Garda Paul Cullen told the court on 17th April last year the accused knocked on the door of the injured party but got no response. He left the property but returned after having a few drinks from a pub. He picked up a hatchet that was on the property and broke into the home through the back door.

The injured party told gardai the accused swung the hatchet at him and said “don’t sleep in this house or I’ll come back and burn you out of it”. During this the accused also threatened to kill him.

The court heard that the injured party is a former son-in-law and this incident occurred after the breakdown in their marriage.

On the same day the accused was arrested and brought to Navan garda station but was deemed unfit for interview. He was interviewed the next day early in the morning and told gardai he had difficulty recalling what happened. He said he couldn’t remember being at the scene and his mind goes blank due to his medication and mental health difficulties. He later admitted to the act and pleaded guilty to the charges.

The court heard the injured party wished to withdraw his complaint and an initial complaint of assault was found to be false.

The accused has one previous conviction for careless driving in 2011.

Defending Barrister Carl Hanahoe SC told the court that the relationship broke down in January with his daughter staying at his home with her two children.

His wife also has early onset dementia and he is the sole carer for her. SC Hanahoe told the court the accused was responding to the injured party doing something towards his daughter. He told the court this was seen as a “spark” which the accused acted upon leading to the confrontation with the injured party.

SC Hanahoe told the court this offence would normally attract a prison sentence but this situation differs greatly because of its context and due to the injured party deliberately aggravating his client.

He told the court the accused has a solid work history but is currently unemployed due to mental health issues and he is awaiting a hip replacement this year. In the lead up to the incident he had an alcohol dependency but the court heard he has been sober for the past eight months and attending treatment four days a week.

Judge John Martin said he accepts that the accused was a father protecting his child and “I’m not stupid, I get all that” but he should not be taking the law into his own hands. Judge Martin said there are endless remedies for her situation including the district court, family law, and reporting the incident to the gardai.

The judge said “you cannot take this matter into your own hands”.

He also said it was lucky the accused wasn’t in a blind rage with a hatchett or the situation could have been much worse. He acknowledged the accused “manned up” by pleading guilty and getting off his alcohol addiction but wanted it known that the court disapproves of people taking the law into their own hands.