A woman who attacked and threatened to kill a pizza delivery driver in a racially-motivated incident has avoided a jail term.
Chantal Johnston (38), of Clonard Road, Crumlin, Dublin, pleaded guilty to assault causing harm and dangerous driving at Domino’s Pizza on Crumlin Road in the early hours of July 9th, 2022.
Dublin Circuit Criminal Court heard that Johnston called the man “a bloody foreigner” and a “little Paki” before pushing, punching and kicking him in an unprovoked attack.
Judge Orla Crowe handed down an 18-month sentence and suspended it in its entirety for a period of three years. Johnston also received a mandatory disqualification from driving.
The judge called it an unprovoked, vicious attack with racist undertones. She said the injured party was degraded and racially abused.
However, she noted it was out of character for Johnston and she was out of control on the night, having taken anti-depressants. The judge said Johnston had an “objectively difficult start in life” and noted Johnston had written a letter to the injured party and was very contrite.
She also noted that as a single parent, Johnston is the sole carer for her two children.
'Vicious animal'
Previously the court heard evidence from prosecuting Garda Evan Owens that at one point Johnston started biting the man’s leg and that after getting into her car, she drove towards him in a threatening manner and threatened to kill him.
In a victim impact statement, the injured man said Johnston had attacked him “like a vicious animal” and that he continues to suffer physical pain, anxiety and depression because of the assault.
“To be racially abused in your own country while providing services is extremely hurtful; it will stay with me my whole life. I felt degraded and insignificant,” the man’s statement read.
“My life was worth nothing to her that night. She didn’t care who I had waiting for me at home and that thought will stay with me and my family for the rest of my life,” he said.
Seoirse Ó Dúnlaing BL, defending Johnston, said there was simply no justification for what he described as a “mindless, senseless attack on a person going about his business, working and contributing to the State”.
Mr Ó Dúnlaing described the racist utterances made by his client as “foul, obscene, nothing short of absolutely shocking’ and ‘disgusting, quite frankly”.
Counsel said Johnston had “no recollection, or very little recollection” of making those utterances and had instructed him that she was “simply not that type of person”. “She apologised profusely,” said Mr Ó Dúnlaing.
The court heard Johnston gave €1,000 to the victim as a small token of her remorse and to help cover his medical fees.
Judge Orla Crowe previously said she was “utterly underwhelmed” by Johnston’s apology, adding: “In light of the personalised nature of this attack, the racial implications and consequences for that citizen of this country, this court would have expected that she would sit down and write a letter”.
Garda Owens told Aoife McNickle BL, prosecuting, that the injured party works as a health and safety officer for a different company but also works part-time as a driver for Domino’s pizza.
The court heard that the man returned to the Crumlin Road pizzeria after a delivery shortly after 2am and was due to finish work at 3am.
He saw a woman in bare feet talking to his supervisor and thought she had said something to him.
He replied: “Excuse me, are you talking to me?”
The woman said: “You’re a bloody foreigner,” to which the injured party said he was born here.
“I don’t care, you’re not Irish, you’re a bloody foreigner,” replied Johnston, before she pushed him and said, “Don’t come near me, you Paki.”
The man pushed Johnston back then she came at him trying to tackle him, throwing punches and kicks which landed on his legs, arms and torso.
The man tried to defend himself to get her off and told gardaí it was as if he was “being attacked by a vicious animal”.
He thought the woman was drunk or under the influence due to the level of viciousness, the court heard.
The man kicked out at her and she landed on the ground, grabbed his right leg and started biting it, but didn’t break the skin.
At one point, the man thought the situation might be calming down but the woman got up and threw what he described as a “sucker punch” at him that he was not expecting.
When the woman moved outside her purse fell on the ground and she said to the man: “Pick up my purse, you little Paki.”
The man’s supervisor asked Johnston to leave and the man walked in front of her car, which was parked outside, and called out the car registration number to his supervisor.
The man heard the car starting and he realised she was driving at him. He jumped back with his arms out and fell on the ground, convinced she was trying to hit him.
The woman drove off toward Bangor Drive then turned and drove at him again in a threatening manner, shouting out the window that she would kill him if she knew who he was and where he lived and that she would be back.
The man’s supervisor called gardaí and he was taken to Tallaght Hospital.
He left the emergency department by 8.30am as he had not been seen, but went to his GP the following day who gave him a prescription and declared him unfit for work.
Ms McNickle said the man had no awareness as to why Johnston had attacked him and said: “It came out of nowhere”.
Johnston has no previous convictions.
She was arrested by appointment and later released, but submitted an early guilty plea and agreed with gardaí that her behaviour was not acceptable.
In the man’s victim impact statement, extracts of which were read aloud by counsel for the State, he said he was born in Ireland and had lived all his life in Dublin.
He said being racially attacked had taken its toll and had a “heavy effect” on his work life and personal life.
He said he used to be fun-loving and sociable but has lost his ability to trust people and has withdrawn socially. He still suffers physical pain in his shoulders.
“No mother should have to get a phone call in the middle of the night to say her son was attacked and run over,” wrote the man, adding that he has lost friends because of the anxiety and depression he has experienced since the attack.
CCTV of the attack inside Domino’s and outside on the street was played to the court.
Defence counsel said Johnston had attended a funeral on the day which brought back memories of her grandfather’s death some months previously.
He said Johnston took “way too many anti-depressants” on the day and was clearly under the influence.
Mr Ó Dúnlaing said his client, a single mother-of-two, was unlikely to ever darken the door of the court again.
The court heard Johnston herself has suffered from panic attacks, anxiety and low mood for a number of years.
Judge Crowe remarked: “Lots of people take anti-depressants and go to funerals and do not end up behaving in that manner towards a completely innocent person.”
