Longford Courthouse
A father of nine and chronic drug addict has been jailed for five years while posing as a garda during a "terrifying" aggravated burglary in in the Midlands last year during which a man and woman were held at knifepoint.
John Kelly (34) 4 Cluain Ard, Ardnacassa, Co Longford pleaded guilty to carrying out the armed raid on Brazilian national Luis De Silva and Chinese woman Kit de Long at 25 Weaver's Hall, Market Square, Longford during the early hours of June 3 last year.
Donna McDermott (37) with addresses at 4 Cluain Ard, Ardncassa, Longford and 52 Springlawn, Longford pleaded guilty to the same offence at a previous court sitting. The court heard that despite a bench warrant being issued for her arrest, Ms McDermott was still at large.
Counsel for the prosecution, Shane Geraghty BL, told of how Mr De Silva, who had only moved into the apartment complex two weeks previously, awoke to banging noises outside.
Upon opening the door, he was immediately met by two men, one of whom was brandishing a seven inch kitchen knife. Ms McDermott was also present at the scene, it was revealed.
The court also heard how Kelly had tried to masquerade himself as a garda with Mr De Silva recalling how the accused had a piece of paper in his hand which had been presented as a bogus search warrant.
In a desperate bid to flee the scene, Mr De Silva tried to first run past the trio and despite being initially blocked in his attempts to do so, managed to escape through a window and by then running down a set of stairs and onto the town's Ballymahon Street area in a pair of shorts.
It was accepted in court that while it was Kelly's male co-accused who was armed with the knife, Mr De Silva told gardaí he was fully convinced his life was in danger.
Details from a statement provided by Ms de Long was also read into court in which she explained how she was suddenly woken in her bedroom where she found two men and a woman standing over her.
The court heard Ms de Long was able to identify Kelly, who sported a cap and dark raincoat, by a small scar under his left eye.
Under a barrage of demands for money, Ms de Long attempted to hide her wallet, which contained €850 in it, under her bed but was soon pushed away by her attackers who snatched it along with a red bag containing a phone, four rings and other jewelry items.
It was revealed the phone taken in the burglary was found in the possession of Mr Kelly in the same apartment complex when gardaí carried out a search of a premises was found in along with a female co-accused barely 24 hours later.
An examination of the phone also found Kelly had set up a Facebook profile on it within hours of the incident.
The court heard Kelly had 71 previous convictions to his name and was on bail in connection to a separate robbery carried out in Dublin at the time of the raid.
Judge Johnson was informed he had since been sentenced to four years in prison for that offence and was not due for release until June 2025.
In victim impact statements read into court on behalf of both Mr De Silva and Ms de Long, both injured parties told of how the 20 minute ordeal had turned their lives upside down.
"I have a fear that these people might come back and any time I see a knife now, I think of that night," said Mr De Silva, adding he no longer went out as a result.
Ms de Long said she had been left a total of over €2,000 out of pocket, adding: "I am now very nervous at night and I dread being on my own," she said.
"I don't think I will ever forget that night."
The court also heard from Kelly read a prepared handwritten letter of apology in which he illustrated his remorse over what had unfolded.
"Your home is your castle and it should never have happened," he said, adding how as an only child he first became hooked on drugs from the age of 10.
"I deserve to do time for what I have done, I understand that.
"My dad is 85 and I know there is a good chance with a lengthy sentence that if he passes away I might go off the rails altogether."
In defence, Niall Flynn BL, instructed by Baxter and Mimnagh Solicitors, said Mr Kelly made no effort at any stage to conceal his identity and wasn't one of the group who had possession of a knife.
He urged the court to consider, despite the almost certainty of a custodial sentence, to provide "some light" for his client going forwards.
Judge Johnson said while aggravated burglary upon conviction can carry a term of up to life in prison, the headline sentence for this incident attracted a tariff of nine years.
He also heaped praise on the "humane" way in which gardaí who led the investigation dealt with both injured parties, who he said, could only have been left severely traumatised by what they had encountered.
In taking into account both aggravating and mitigating factors, Judge Johnson imposed a five year sentence to run consecutively to the four year term Kelly is already serving.
The final 18 months of that sentence he suspended for five years on a number of conditions including an order that Kelly enter into a €500 bond to keep the peace and be of good behaviour for a period of five years post release.
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