Five year sentence for man who beat up Chinese student
A 56 year-old man has been given a five year sentence for his role in what Judge Tony Hunt at Dublin Circuit Criminal Court called "a crime motivated by xenophobia and racism".
Thomas Atkinson of Kildare Park, Crumlin was part of a mob that forced their way into a neighbour’s house and beat up a Chinese student because they wrongly believed he had abused two girls as a result of a false claim by one of them that they were held there against their will.
The mob forced their way past the house owner and cornered the then 23-year-old Mr Ailikanu Helili in her kitchen after earlier telling her they wanted to see "the f***ing Chinese student" and that she "shouldn’t have foreigners" in her home.
Atkinson was found guilty by a jury in October of assault, aggravated burglary, possession of a dangerous implement and violent disorder on March 12, 2006. He had no previous convictions.
Judge Hunt said he didn’t agree with a defence suggestion that the attack wasn’t racially motivated, and also noted with concern reports that the house owner, Ms Rosaleen Hickey, had been forced to move out her home of 22 years following the incident and had been "shadowed" when she did this.
During the hearing, Daniel Fagan, a relative of one of the other men also involved in the incident, was ordered to be brought back by Judge Hunt after he abruptly left the courtroom, muttering inaudible comments, and slammed the door behind him.
When Judge Hunt told him to remain in court and that he would deal with him afterwards, Fagan said he left because "I couldn’t listen to any more of our lies" to which the judge replied: "I could say the same about you Mr Fagan in your evidence at the trial."
Garda Eamon Maloney told prosecuting counsel, Mr Dominic McGinn BL, that when the house owner, Ms Hickey opened her door to the mob she told them to see the gardaí if they had a problem but they returned soon after and forced their way past her into the kitchen.
They cornered Mr Helili and began kicking him and hitting him with a wooden baseball bat before Ms Hickey managed to pull them off and calm them down. The victim was taken to St James Hospital where he was treated for lacerations and bruising.
When Gda Maloney agreed with defence counsel, Mr Philip Rahn BL, that Mr Helili "realised the attack was a misunderstanding and was not racially motivated", Judge Hunt commented that he did not share that belief.
Judge Hunt said he rejected Atkinson’s claim that he was a "peacemaker" saying: "He did nothing to restrain the hotter headed young men in question and was involved in meeting out the most disgusting violence to Mr Helili."
Noting that Atkinson seemed to be "on the periphery of the assault" and suffers from polio syndrome Judge Hunt said he would recommend the prison authorities show him "as much mercy as possible" and suspended the last three years of the sentence.
When she jailed Daniel Fagan (aged 28) and Jason Atkinson (aged 32) both of Kildare Park, Crumlin on March 27 last for their roles in the crime, Judge Katherine Delahunt told them: "Your actions evoke memories of ‘lynch’ mobs and vigilantes. You took the matters into your own hands and hospitalised your victim without attempting to verify the veracity of the claims."
Det Gda Maloney told her then that it was accepted there was absolutely no truth in the girl’s claims.
