Larry McCarthy was jailed for six years at the Special Criminal Court
A LIMERICK man found guilty of violent disorder has been jailed for six years by the Special Criminal Court.
Larry McCarthy, aged 37, of Tower Lodge Crossagalla, Old Cork Road was among a number of people who threatened to use “unlawful violence” at Cornmarket Villas on November 25, 2014.
He was also found guilty earlier this month of stabbing cyclist David Foran in the leg in a dispute over compensation for a road accident.
Before handing down sentence this Monday at the three-judge, non-jury court Ms Justice Isobel Kennedy, presiding, sitting with Judge Gerard Griffin and Judge Gerard Haughton, summarised the evidence.
Ms Justice Kennedy said McCarthy had been convicted of two offences; assault causing harm and an offence of violent disorder. She said that a minor road traffic accident had occurred on November 14, 2014 between Mr Foran who was cycling on his bike and a motorcyclist.
Mr Foran was later treated for minor injuries, she said.
The motorcyclist later approached Mr Foran's wife Rachel McAllister and indicated to her that he wanted to sort out matters without any court proceedings. Phone numbers were exchanged and agreement was made to make contact at a later stage.
The motorcyclist arrived at Mr Foran’s home sometime later and a discussion took place concerning the level of compensation that might be agreeable to both sides.
The motorcyclist eventually offered Mr Foran €5,500 and on the day of the assault called him, telling him to go into Limerick city to pick up the money from another man.
In a statement, Mr Foran told gardai that he went into Limerick city and met the man as instructed by the motorcyclist. This man requested Mr Foran to follow him in the direction of Cornmarket Villas, where there were a “few fellas with their faces covered with scarves”.
McCarthy was present in the car park and challenged Mr Foran as to why he was “demanding money off” his cousin. Mr Foran said that McCarthy told him “he was getting no money” and he received a “slap off a baseball bat" to the back of the head from one of the men whose face was not covered.
Mr Foran was wearing a bulletproof vest and McCarthy stabbed him in the leg with a knife.
McCarthy said: “F***, we're after leaving DNA.” Mr Foran said that he saw the knife, picked it up and waved it round, and the men then all backed off.
Mr Foran told McCarthy to come and fight him and the accused told him he had “some mouth”. Mr Foran then went home and was later treated for a puncture wound in his left thigh at University Hospital Limerick.
Statements of complaint were made to gardai by Mr Foran on November 27 and December 15, 2014 and both statements were admitted into evidence during the course of the trial.
The court previously heard that CCTV footage confirmed the presence of McCarthy at Cornmarket Villas on November 25.
McCarthy surrendered his bail in relation to this matter on November 4, 2015 but has been in custody since July 30, 2015 in respect of another matter on which he has since been acquitted by the Special Criminal Court.
Earlier this month, the father of three was found not guilty of threatening to kill Noel Moore and threatening to damage Mr Moore's property at Windsor House, Donoughmore, Limerick on July 28, 2015.
Sentencing McCarthy, Ms Justice Kennedy said the court did not consider several of McCarthy’s previous convictions relevant.
However, she said his previous convictions for firearm offences before Suffolk Court in the UK and a suspended sentence for violent disorder were relevant for the purposes of this sentence.
The judge said that the aggravating factors in the case included the use of a knife and a baseball bat and that the offences were deliberate and premeditated.
She said McCarthy’s conduct was intentional and it was directed at causing a significant degree of harm to the injured party.
“Very limited” mitigating factors, the court heard, were McCarthy’s family circumstances and work history.
Ms Justice Kennedy then sentenced McCarthy to three years in prison for assault causing harm and six years for violent disorder.
The sentences, which are to run concurrently, were backdated to July 30, 2015.