An Inishowen man who made threats to kill while armed with an iron bar at a home in Carndonagh has been told he is “extraordinarily fortunate” not to be going to prison.
Paul McLaughlin was handed a four-year suspended prison sentence with Judge John Aylmer saying the case could be marked as “exceptional” in order to suspend the entirety of the sentence.
The accused man was a part of a gang-of-three that came to the home of Patrick McLaughlin three times in the early hours of September 1, 2019.
A 40-year-old of Lematudder, Glengad, Paul McLaughlin was before Letterkenny Circuit Court for a burglary at Carrowmore, Glentogher, Carndonagh.
He was charged that, having entered a building as a trespasser he committed an arrestable offence therein, namely making a threat to kill or cause serious harm. He was further charged with making a threat to kill or cause serious harm to Patrick McLaughlin.
Garda Ciaran McNicholas told Ms Fiona Crawford BL, barrister for the State, that the victim, Patrick McLaughlin, was asleep in his bed when he heard a loud bang at the front door.
When he reached the door, there was a man with an iron bar in his hand who came into his property.
There were three men in the gang, one of whom he recognised as Paul McLaughlin, who was said to have got a hold of Patrick McLaughlin – who was 62 at the time of the incident – by the chest. Garda McNicholas outlined that the accused was looking for another man at the property and told the victim “I may as well kill you as him” and repeated the phrase “till death do us part”.
The ordeal lasted around 30 minutes when the gang left only to return after around 15 minutes. This time, Paul McLaughlin came into the hallway and made the victim kneel down and promise not to ring gardai. He told the man that he would come back and burn the house “and make sure he was in it”.
“Gimme a lighter, I want to make a wee bonfire tonight,” Paul McLaughlin told the terrified man, Garda McNicholas said.
The gang came back a third time and on this occasion Paul McLaughlin was said to have been waving his hands in the air saying “we are not back to threaten you this time” and said they returned looking for keys that were dropped.
However, he was alleged to have made a threat to Patrick McLaughlin to kill or cause serious harm to a relative.
Garda McNicholas said that a vehicle was stolen that night and gardai were able to identify the three men.
When interviewed by gardai, Paul McLaughlin said the allegations “sounded like bullshit” and denied they had happened.
He said the alleged threat to kill a member of Patrick McLaughlin’s family was “complete lies”.
In a second interview, Paul McLaughlin continued to deny the incident and said he had consumed so much alcohol he couldn’t remember what had happened.
It was only at a trial date that he tendered a guilty plea in respect of the matter.
Paul McLaughlin has 28 previous convictions, the court was told, including eight for dangerous driving, one for disorderly conduct, three for criminal damage, one for assault causing harm and three for assault.
Mr Nolan said that the “main previous”, the assaults, had occured in 2004 and the rest of his offending “revolved around alcohol”.
Mr Peter Nolan BL, barrister for the accused, said that a probation and welfare report that was prepared “is not the most positive you’ll ever see”.,
The Probation Service said Paul McLaughlin’s engagement with community service was poor and said he was unwilling to take full responsibility.
A risk assessment placed him at a high risk of reoffending in the next 12 months, given his pattern and history. They said he was lacking an ability to acknowledge the impact of his behaviour.
Mr Nolan said his client left school at the age of 14 and set up his own mechanic business in 2021. He said Paul McLaughlin now has a supportive partner, who was present in court, and “is getting his life together”.
Mr Nolan told the court that the guilty plea saved the State a lot of time and effort.
“The probation report is very realistic and Mr McLaughlin has a long way to go,” Mr Nolan said, “but he is a more positive and constructive member of society now.
He said this incident served as a “watershed” moment for Paul McLaughlin as his “difficulties” have since stopped.
Garda McNicholas said there have been no incidents since that for which the defendant was charged.
Judge Aylmer said the incident involved a violation of Patrick McLaughlin’s home, where he was confronted by the accused armed with an iron bar. He said the accused man could consider himself “very fortunate” not to have been facing an aggravated burglary charge.
Judge Aylmer marked a charge of making a threat to kill as taken into consideration and said the burglary charge merited a starting point of six years in prison before considering mitigation.
“That is taking the most benign possible view,” Judge Aylmer said. Judge Aylmer noted that the victim did not wish to come to court and had no desire to submit a victim impact statement, but the gravity of the offence had to be marked.
Judge Aylmer said the defendant had made “half-hearted” denials due to having been so highly intoxicated. He said Paul McLaughlin has had “grave difficulties” with his abuse of alcohol, but said it was positive that he has not come to adverse garda attention since and that whatever issues were between him and the victim appeared to be no longer in existence.
“The fact that you are gainfully employed in your own business goes a long way in explaining no adverse attention and is evidence of positive rehabilitation,” Judge Aylmer told the accused.
Judge Aylmer said, down to the plea of guilty and his cooperation, that he would reduce the sentence to one of four years in prison.
Judge Aylmer said he considered the matter as being “exceptional”. He said that, having regard to all that was outlined, the fact that the difficulties between parties are in the past and the fact that the accused has been rehabilitating himself, the entirety of the four-year sentence could be suspended.
Paul McLaughlin entered into a bond to keep the peace and be of good behaviour for four years. He was ordered to go under the supervision of the Probation Service for 18 months and to comply with all directions.
He was also directed to abstain completely from alcohol for the next four years.
A clearly-relieved Paul McLaughlin dabbed tears as Judge Aylmer told him: “You should consider yourself extraordinarily fortunate to be leaving the courtroom to go home rather than be transported to jail”.