A man who attacked an innocent victim with a knife outside a Stranorlar shop has avoided being sent to prison.
Christopher McDaid was charged with assault causing harm to Alex McAnena and with producing a knife during an incident on the forecourt of the shop on April 24, 2021.
Mr McAnena suffered facial injuries after being set upon and told how he feared for the safety of his son in the aftermath of the unprovoked attack.
McDaid initially lunged forward and head-butted Mr McAnena before producing a knife and striking his victim in the face. Mr McAnena suffered a deep cut on his cheek and under his right eye and also suffered a blackened eye.
McDaid, aged 33 and whose address was given in court documents as Hillhead, Castlefin, told his victims that he would ‘get’ his son and put him in the boot of a car.
CCTV footage did not show the actual assault, but captured McDaid lunging at Mr McAnena.
A victim impact statement from Mr McAnena, who was not present for the hearing, told how he has been unable to go and see his son in Belfast as much as he is afraid of waiting at the bus stop to get a lift.
Mr McAnena said he lives in fear and constantly checks around his ground floor apartment. He said he believed that McDaid has the potential ‘to kill someone eventually.’
The court was also told that McDaid has seven previous convictions dating back to 2015 including charges for assault, having drugs for sale or supply, traffic and public order.
An aunt of the accused man told the court that she has had a long connection with Christopher McDaid since the day he was born.
Since this incident, she said McDaid has been doing well and has abstained from all alcohol and drugs and is attending AA meetings.
He still enjoys a good relationship with his two children and has been allowed to stay in his grandfather’s home close to Ms Finn as long as he stays clean.
“He is coping very well at the moment and is a changed man,” she said.
Mr Peter Nolan BL, for McDaid, said his client was diagnosed with paranoia and had dropped out of school early but had returned to education aged 22 to complete his Applied Leaving Certificate.
McDaid claimed he was attacked himself earlier on the day in question and he was at the shop claiming ‘they play games against me, they’re all against me, it’s their weapon not my weapon’.
Mr Nolan told the court that McDaid had undergone three psychiatric admissions since the incident and on the day his pre-existing psychiatric conditions had come to a head.
Passing judgement in the matter, Judge John Aylmer said the incident merited a starting point of four years imprisonment.
“It was a totally unprovoked, gratuitous attack on an incident man with a dangerous implement,” Judge Aylmer said, adding that the use of the knife was an aggravating feature.
In mitigation, the Judge said McDaid had displayed a high degree of co-operation and had tendered an early guilty plea.
He noted that McDaid had ‘huge support’ from a relative and has not come to adverse attention since. He has been abstinent from alcohol and unprescribed drugs since 2021. McDaid has availed of White Oaks and Hope House and is now a father of two.
Judge Aylmer said: “It is clear now that he is extremely ashamed of his behaviour and he has demonstrated considerable remorse. It is clear that he has not just made great efforts in rehabilitation, but he has been successful due to his family’s input.”
Judge Aylmer reduced the sentence to one of three years in prison. Given what he referenced as McDaid’s level of co-operation, Judge Aylmer suspended the entirety of the sentence for a period of three years.
McDaid is to abstain from alcohol and unprescribed drugs and will be under the supervision of the Probation Services for 18 months. McDaid was told to continue his engagement with mental health services.
A sum of compensation offered by McDaid as a token of remorse was rejected by Mr McAnena.
Judge Aylmer directed that, should the victim not want the funds, the sum be given to the Peter McVerry Trust.