Ticket inspector sustained a busted lip, cuts to his nose and face in the assault while his glasses were also broken
A Longford man who assaulted an Irish Rail ticket inspector on a train at Connolly Station has been jailed for two years.
Gerry Nevin (32) assaulted the injured party on board a Dublin to Sligo train at Connolly Station after the injured party asked him to leave the train because he had a can of alcohol.
Nevin, of Mostrim Road, Ballymahon, Co Longford, pleaded guilty to assault causing harm on September 21, 2024 at Connolly Station.
The ticket inspector sustained a busted lip, cuts to his nose and face in the assault while his glasses were also broken.
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In a victim impact statement read to the court by prosecuting counsel Marc Murphy BL, the injured party said he has been “forced to live with the fear and anxiety of being a victim of violence” and he “truly wishes this had never happened”.
Sentencing Nevin on Friday, Judge Martina Baxter said the ticket inspector was “only working, was just doing his job when he was undermined” and assaulted. She said while Nevin later admitted he hit the man, “It's clear (Nevin) had him in a headlock and was not letting go”.
“Mr Nevin could have turned the other cheek and walked away, but he didn't,” she said. She set a headline sentence of three and a half years, which she reduced to two and a half years, taking mitigating factors into account, including Nevin's early guilty plea.
She suspended the final six months of this sentence on a number of conditions, including that Nevin remain under the supervision of The Probation Service for six months upon his release and undertake offence-related courses.
Garda Oisin O’Toole told Mr Murphy that gardai went to Connolly Station following a report that an Irish Rail staff member had been assaulted.
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CCTV of the incident played in court showed Nevin and the injured party engaged in a verbal disagreement on the train. Evidence was heard that Nevin had been asked to leave the commuter train as he had a can of alcohol.
Nevin got off but continued to argue with the Irish Rail employee, who stepped back onto the train.
Nevin then assaulted the injured party, pushing him against a locked door inside the carriage, punching him and placing him in a headlock.
Evidence was also heard about an earlier interaction between Nevin and the ticket inspector.
The injured party asked Nevin to get rid of a can of alcohol or he would have to leave the train. Nevin put the can in the bin and the ticket inspector continued his duties. When he returned, Nevin had another can of alcohol and it was at this point that he was asked to leave the train.
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When gardai arrived, Nevin was being detained by security. Gda O'Toole said it had taken gardai around two hours to respond to the call as it was a busy night.
After caution, Nevin replied: “I did hit the driver. I know I'm in the wrong.”
Gda O'Toole said that the injured party returned on the train to Sligo and later gave a statement.
In a victim impact statement read to the court by Mr Murphy, the injured party said he was assaulted while carrying out his duties on a train.
He said the defendant “threatened to have me killed” and “punched me several times”.
He said he was left in pain and required hospital treatment. He said he was off work for four months due to his physical injuries and the psychological impact.
The injured party said the incident continues to affect his mental health and wellbeing. He said this incident affected his sense of safety at work, has “made me afraid of trains” and at times, he feels that “I don't want to go on trains again”.
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Nevin, who was on bail at the time, has 119 previous convictions, including five for assault, with the majority being public order offences.
Gda O'Toole agreed with Luigi Rea BL, defending, that the guilty plea was of assistance.
Nevin shouted out several times during the hearing, at one point saying “I know the case better than anyone. I know what happened”. Mr Rea said his instructions were that Nevin asked the ticket inspector not to put him off the train as he was trying to get home.
Defence counsel said his client's recollection was that a woman asked Nevin to use his charger and the injured party came over in an aggressive way, claiming that Nevin was harassing the woman.
Counsel put to the garda that his client overreacted as he had been stabbed and mugged in Mullingar a week before.
Gda O'Toole said the injured party's statement records that Nevin was speaking to a woman and she asked to move seats. After the woman moved seats, Nevin also changed seats and the second interaction between him and the ticket inspector occurred.
Gda O'Toole agreed that Nevin was detained by station security for approximately 90 minutes and was moved from the floor to a chair when gardai arrived.
Nevin took the stand and said this was “never meant to happen”. He said he only had one beer when he got on the train, after being in Dublin drinking. Nevin said he had a can of beer and the ticket inspector told him he was going to have to leave the train.
Nevin said he pleaded to be allowed to stay on the train and got rid of the can. He said the ticket inspector said he was harassing the woman while he was talking to her.
Nevin said he was held on the ground for nearly 90 minutes afterwards and someone “stood on my back”. “I could barely get air into my lungs, I'll never forget that experience, I nearly died”.
He said he was “disappointed for touching that man” and that he had been stabbed two days earlier. He said his “emotions were high” and “I do feel bad for not walking away”.
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Nevin told the court he started drinking at 15, then developed a drugs addiction. He said he intends to complete classes about alternatives to violence while in custody.
Mr Rea submitted while his client's behaviour was bad, it was in “the heat of the moment” and no weapon was used. He noted his client must address his addiction and anger issues.
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