A builder who tried out to get a woman into his motor vehicle late at night by pretending to be a garda in advance of daunting her and assaulting her husband has been sentenced to three yrs in prison.
Declan McGowan (33) was observed guilty subsequent a demo last March of attempted coercion, impersonating a member of An Garda Síochána, assault and assault causing damage at Kimmage Road Decreased, Dublin, in the early hrs of September 18th, 2021.
McGowan, of Branswood, Athy, Co Kildare, experienced pleaded not responsible to all counts but explained to Dublin Circuit Criminal Court docket in October that he accepts the jury’s verdicts.
He has 31 previous convictions, including a few counts for producing threats to eliminate and two for assault resulting in damage. McGowan also has just one District Courtroom conviction for impersonating a member of An Garda Síochána on July 1st, 2019.
In this situation, Decide Patricia Ryan stated that the aggravating elements had been the accused’s former conviction for impersonating a garda and the adverse outcomes of this has experienced on both equally injured events.
Choose Ryan reported the mitigating things had been the tragic loss of the accused’s associate, the stories and letters handed into courtroom and the personalized circumstance of the accused. She sentenced McGowan to three yrs in prison which she backdated from when he went into custody.
Garda Aaron Webb explained to John Moher BL, prosecuting, that Andra Calauz gave evidence in the course of the trial that she stepped outdoors to have a cigarette subsequent an argument with her spouse. She was on the cellphone with her spouse, who was in their close by residence, when a vehicle pulled up.
McGowan told her he was a garda and confirmed her a little something on his cell phone, which Ms Calauz took as formal identification.
The accused started out to pay her compliments and advised her she was lovely.
Garda Webb stated Ms Calauz engaged in discussion with McGowan as she assumed he was a garda.
The trial listened to he also took her hand, kissed it and hugged her. McGowan asked her to get into the auto and said he would consider her to a garda station. He also informed Ms Calauz that he would make contact with Tusla to prepare for her kids to be taken into care.
Ms Calauz gave evidence that she felt frightened and pressurised by McGowan as he requested her various times to get into his motor vehicle.
Her husband, Daniel Ion, gave proof all through the trial that McGowan started off choking him with just one hand when he arrived on the scene. He explained McGowan was shouting at him to go back within to his small children, or he would simply call Tusla and they would be taken away.
He reported McGowan was “screaming” at his spouse to get into the vehicle. He said he felt at the time that McGowan was possibly a corrupt cop or “a unsafe man”.
Garda Webb told the sentencing listening to that McGowan told the pair that he would get a gun from his motor vehicle to display them he was a garda. He explained he was a “special agent” and “not a normal garda”.
Mr Ion mentioned he informed McGowan two or a few periods to permit his spouse go and told his spouse in Romanian that she should not get into the vehicle.
Mr Ion identified as gardaí, who arrived inside of minutes and arrested McGowan.
Garda Webb claimed McGowan also put his number in Ms Calauz’s mobile phone and produced a connect with to his cell phone all through the incident.
Just after his arrest, McGowan denied the assault costs and claimed he made available the girl a lift, which was refused. He denied impersonating a garda.
McGowan explained to gardaí at job interview that when Mr Ion arrived on the scene, he struck his spouse in the facial area. The accused stated he experienced put his quantity in Ms Calauz’s cell phone to deliver her the aspects of Women’s Assist.
McGowan admitted to gardaí that he experienced a wheel brace in the car. He denied at any time kissing or hugging the lady and explained she was lying.
Target effect statements composed by Ms Calauz and Mr Ion have been read through to the court docket by Mr Moher.
In her victim impact assertion, Ms Calauz claimed she has been not able to go out alone since this incident. She reported she made use of to be active with her kids and is fearful that she is now lacking out. She claimed the relatives have also tried out unsuccessfully to move household considering that this incident.
Mr Ion explained he endured bruising to his neck and could not eat for the future two days. He stated he experienced to depart his position subsequent these occasions, as his wife did not truly feel protected when alone with their youngsters. He explained his partnership with his spouse was also influenced.
Mr Ion stated McGowan’s promises that he was a poor partner and father experienced also impacted him. He reported McGowan had not apologised for these “lies” and the impression on the household.
Garda Webb agreed with Garnet Orange SC, defending, that McGowan had produced bizarre comments at interview, which had been suggestive of somebody in the “throes of a cocaine binge”. McGowan also informed gardaí that his spouse had died in tragic situations.
Garda Webb recognized Mr Orange’s statement that this incident lasted all over 15 minutes and experienced taken spot on a public street near housing.
McGowan also gave evidence on his possess behalf. He mentioned his drug use had been relaxed but escalated pursuing the demise of his companion. McGowan instructed the court that going into custody has “saved” his life.
McGowan told Mr Maher in cross-examination that he was not taking cocaine in July 2019, when he beforehand pretended to be a garda.
Mr Orange mentioned the loss of life of McGowan’s partner experienced led to a “catastrophic spiral”, and his client’s habits was affected by his drug use at the time. McGowan is now in a new partnership and the father of two kids.
Mr Orange reported the occasions of that night ended up a “bizarre incident” which appeared to have “dark overtones” but could also be viewed as “serious misplaced chivalry” on McGowan’s section.
Psychological and healthcare studies had been handed into the courtroom on behalf of McGowan along with a handwritten letter.
Mr Orange stated his shopper has revealed the likely for rehabilitation and is anxious to finish his time in custody and turn out to be a “useful member of culture” yet again.
Decide Ryan pointed out that McGowan had pretended to be a garda on quite a few events.
Mr Orange explained the events relating to the District Court docket demand of impersonating a member of An Garda Síochána have been distinctive.
McGowan told Decide Ryan that this offense transpired at the time of a spouse and children feud the place he had shouted he was a garda out of a car or truck window.
Judge Ryan reported McGowan “are not able to have it both techniques” and suggests he accepts the jury verdict but that his steps ended up the result of “misplaced chivalry”.