A man who harassed four people including a neighbour, her partner and a local shopkeeper has been jailed for four years.
Thomas Phoenix (61) of Saint Anne's Square, Blackrock, pleaded guilty to harassment of a female at a pub in Blackrock on an unknown date in June 2019. He further pleaded to harassment of a neighbour on dates between March 18th, 2022 and March 26th, 2022 and two of counts making threats to kill or cause serious harm.
Dublin Circuit Criminal Court heard that the injured party was in a pub in Blackrock when she was approached by Phoenix, who slammed his beer on the table and said his name. The woman asked him to leave. Phoenix then claimed he had spent seven years in prison for shooting a garda.
The injured party moved away, but Phoenix followed her, making comments. She contacted gardaí. When she left, Phoenix told her “You better sleep with one eye open tonight” then followed her for a short distance.
In another incident, Phoenix approached the woman and a friend and took a photo. The injured party finished her drink then left, with her telling Phoenix that he “better sleep with two eyes open”.
The woman was out with friends on July 10th, 2019 when Phoenix came up to her in the smoking area. A third party intervened and was struck by Phoenix, but no complaint was made.
The manager escorted people inside and left Phoenix in the smoking area. Phoenix banged at the door and gardaí were called.
Arrest
Phoenix was arrested and interviewed. He admitted he knew the injured party and had been in contact with her.
The investigating garda agreed with John Berry BL, prosecuting, that Phoenix's answers contained “fantastical elements”. He said Phoenix suggested to gardaí he was the injured party and wanted to get a restraining order against the woman.
The investigating garda agreed with defence counsel that both parties knew each other, but hadn't been in contact for many years before these events.
The garda witness also confirmed Phoenix complied with bail conditions to stay away from the injured party.
Whatsapp messages
The court also heard a female neighbour of Phoenix's started to receive WhatsApp messages from him on March 18th, 2022.
She received 12 messages from Phoenix the following day and in total, around 60 messages were sent by the defendant to her during the period in question. The court heard these messages included threats towards her, her partner and his children.
The injured party installed a CCTV doorbell. During this period, she also saw Phoenix in the square screaming and breaking bottles, which added to her concern.
On March 20th, the woman was leaving her home with her partner's children when Phoenix threw eggs in their direction. He was also seen swinging a golf club in the square and shouting that he was going to kill her partner.
On March 26th, Phoenix approached a shop manager and made threats to him. Phoenix told the man his name was Tommy 'The Hitman' Phoenix and he could do what he wanted. Phoenix left, then returned to hurl further abuse at the shop manager.
Later that evening, Phoenix sent another message to his female neighbour in which he threatened to send people to kill her and assault her partner. Phoenix also warned she had “15 minutes to get the children out”. The court heard the woman forwarded these messages to her partner, as Phoenix would delete them when he saw they had been read.
Axe and hatchet
The woman called gardaí. When they arrived, Phoenix was aggressive towards them. He also had an axe and a hatchet.
Phoenix was arrested. He made full admissions when interviewed. The defendant has been in custody since March 2022 and was on bail at the time of these offences.
Victim impact statements were handed in, but not read aloud in court.
Phoenix has 13 previous convictions including one for making threats to kill, dating from 2013, and four for assault.
An investigating garda agreed with defence counsel that Phoenix was in a distressed state when gardaí arrived. It was accepted by the garda witness that there is no coherent explanation for Phoenix's behaviour.
They also agreed that Phoenix was co-operative.
PTSD
Defence counsel submitted to the court that Phoenix suffers post-traumatic stress disorder and some form of psychosis. Counsel said a fulsome apology has been made to all the victims but acknowledged that these were “appalling and shocking offences – people are entitled to go about their day without this kind of behaviour” before it was acknowledged that Phoenix “has to be punished”.
Judge Pauline Codd said it was a significant level of conduct carried out over a short period of time. She said the first victim was terrified by Phoenix’s actions and afraid he would be outside if she walked outside her door.
She acknowledged his guilty plea and the fact that he suffers from psychosis, has difficulties with alcohol and his mental health.
Judge Codd said that in the second case the “threats were very serious and impacted on the victims in a very serious way”.
Again, she took into account his guilty plea, his own traumas, his expression of remorse and the fact that once Phoenix manages his addictions, he appears to be able to cope and not come to garda attention.
Judge Codd said the probation service place Phoenix at “a high category of risk of re-offending” and said he has to stay away from alcohol and drugs to minimise this risk but acknowledged that the Probation Service are willing to engage with Phoenix upon his release from prison.
Judge Codd imposed a sentence of four years with the final 18 months suspended for the case involving the couple and the shopkeeper. She imposed a consecutive 18-month term for the harassment of the woman resulting in an effective prison term of four years. The 18 months were suspended on strict conditions including that Phoenix remain under the supervision of the Probation Service.
