A man who threw a burning box into a patrol car and attacked a migrant centre housing 50 people during the Dublin riots last November has been jailed for six-and-a-half years.
Declan Donaghey (28), of Williams Place Upper, Dorset Street, Dublin, pleaded guilty to arson, violent disorder, and criminal damage on November 23rd, 2023.
Donaghey said he was “not a racist” but that he had a close relation in the school in Cavendish Row where there had been stabbings earlier that day.
The court heard it was in fact his partner’s cousin’s child, who was uninjured, attended the school.
In a handwritten letter read to Dublin Circuit Criminal Court, Donaghey apologised “to the government and everyone involved”.
On Wednesday, Judge Orla Crowe said the offending was of a very serious nature, where gardaí had originally attended to a very serious matter involving children earlier that day.
Judge Crowe noted €16,000 worth of damage to Dublin City Dorms, which has the capacity to house 90 international protection applicants but had 50 occupants, on the date in question.
However, a further €63,000 was spent on security personnel following the attack.
The judge said Donaghey asserted that he had a very close relation in the school who was in fact his partner’s cousin child.
She said she was giving no credit to the accused because there were many people connected to the school who did not go out on the roads and attack gardaí.
The judge said he was the sole offender of burning the patrol car which cost money to the Exchequer, describing it as “shameless and senseless” vandalism.
Judge Crowe said she was taking into account his personal circumstances – that he had anxiety and depression and had alcohol addiction, for which he is attending Alcoholics Anonymous.
She said she was not taking his five previous convictions into account as they were of a minor nature.
She sentenced him to seven-and-a-half years with the final year suspended on the arson charge to incentivise rehabilitation.
The judge imposed four-and-a-half years on the violent disorder charge and three years for the criminal damage charge with all sentences to run concurrently.
A large crowd of supporters were in court, some of whom looked shocked as the sentence was imposed with others crying. A few of the supporters saluted Donaghey as he was taken into custody by prison officers.
Level 3 riot
As he was led away, he shouted “scumbags.” Following the sentence, the group was escorted out of the Criminal Courts of Justice by members of the Garda Public Order Unit.
On Monday, Detective Inspector Ken Hoare agreed with Joe Mulrean BL, prosecuting, that the riot was “one of the gravest examples of public disorder in the history of the State”.
Riot police and ordinary members of the force were involved in the ‘Level 3’ riot, the court heard.
He said an incident happened in Cavendish Row earlier in the day, where a number of people including children were attacked, and a cordon was put in place.
A large group broke through the cordon and a riot erupted in which 60 locations were damaged or looted. The court heard an abandoned double-decker bus and Luas were also set alight.
CCTV of the incident was shown to the court in which Donaghey’s specific involvement was pointed out. In one of the clips, Donaghey could be seen opening a rear door of a patrol car before putting a burning box into it. He was then seen wiping the handle of the door of the Hyundai Kona before shutting it.
“That subsequently led to the vehicle being completely destroyed by fire,” Det Insp Hoare told the court.
Donaghey damaged a second Garda car by jumping on the bonnet and kicking the windows as well as the wing mirror. A wheelie bin was also thrown at one of the Garda cars.
The valuation of the patrol car, including depreciation, was €20,000. A further €8,000 damage was done to the other Garda vehicle.
Kegs were thrown at the shutters of the accommodation centre. The owner had seen the riots on the internet, put all the shutters down and turned off all the lights, but it was still attacked.
Eventually, as gardaí were able to get control of Parnell Street, it was “tiered and kept sterile”.
Det Insp Hoare also gave evidence of how a garda became isolated in the riots involving dozens of people. He sought refuge in a Garda van parked behind the two patrol cars on Parnell Street.
“He was clearly isolated and they had set their mind to getting to him in the van,” he said.
The Public Order Unit managed to get across to him and got the garda to safety.
Plain clothes gardaí were also targeted in the riots when the riot vests they were wearing identified them as members of the force. The court heard five victim impact statements were handed into the court.
The court heard 60 locations were damaged or looted on the night.
Donaghey has five previous convictions with two for public order offences, including threatening and abusive behaviour.
When interviewed by gardaí, he said: “It was me, I did it, I had a close relation in the school.”
He also told gardai he was “not a racist” but “my brother was robbed a week ago by foreign nationals and there was nothing being done about it”. He said he “felt bad for the child and the teacher”.
When asked by gardai why he threw the saddle of a bike at the migrant centre, he said it was because, “that’s where a lot of them are staying”.
He said he “got caught up in it” and wanted “to support the victims”.
When gardaí asked him, “Do you think you made a difference?” he replied: “No I only made myself look like a scumbag.” He said it was “just a spur of the moment thing”.
Michael Bowman SC, defending, told the court his client had previously worked as a groundsman but was now unemployed “due to mental health issues”. He lives at home with his parents and has a partner and stepdaughter.
In a letter to the court he apologised for his actions saying: “I, Declan Donaghey, apologise to the government and everyone involved… I cannot express how sorry I am.”
The court heard he had difficulty with alcohol and cannabis since his early teens and was awaiting a place in Coolmine Treatment Centre.
A letter from his AA sponsor said Donaghey deeply regretted what had happened but was willing to take part in the 12-step programme.
