Longford Courthouse
Two Lanesboro neighbours arrested last April following an ongoing dispute will return before Judge Bernadette Owens at Longford District Court in June.
Michael Fox (45) of 20 Cnoc na Gaoithe, Lanesboro, Longford and Ovitta Chinenya (38) of 16 Cnoc na Gaoithe, Lanesboro, Longford were both arrested on April 28 2024.
Mr Fox was charged with the unlawful damage of a front door, engaging in threatening and abusive behaviour, and possession of an iron bar. Mr Chinenya was charged with possession of a blade with a sharp point.
Prosecution witness Garda Vincent O'Leary told the court that on Monday, April 28, 2024 at 10:30pm he received a call reporting that Mr Fox was shouting abuse at her out a window.
The officer said this call was related to an “ongoing issue” in the estate and the complainant asked Garda O'Leary if he could have a word with the defendant. The witness said 20 minutes later he arrived at Cnoc na Gaoithe and drove into the cul de sac.
Garda O'Leary observed Mr Fox come from his home at number 20 and go towards number 16. The window of the patrol car was open and he called the defendant to stop.
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The officer described how Mr Fox had a two foot long iron bar, part of a scaffolding pole, and banged on the door of number 16: “All of this happened while I was shouting at him to desist,” Garda O'Leary told the court.
As the witness got out of the patrol car the defendant approached: “He came toward me brandishing the bar, I directed him to drop it, he said 'What are you going to do about it', I warned him I was going to pepper spray and arrest him.”
Garda O'Leary said initially Mr Fox went to return home, but then turned back toward the officer “in a threatening manner”.
“I pepper sprayed him,” the officer said, “While doing this I directed him to drop the iron bar. When he did not I struck him on the wrist with my baton and he dropped the bar. There was a strong smell of alcohol from him. I then handcuffed and arrested him.”
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Garda O'Leary presented the iron pole wielded by Mr Fox as a court exhibit. The officer told Judge Owens that the next morning Mr Fox made a full admission in an interview about the incident.
In that interview Mr Fox claimed another party, Mr Chinenya who appeared later in the court list, had come to his house first with two knives.
Inspector David Jordan, presenting the case for the prosecution, told the judge Mr Fox had eight previous convictions, but four were for road traffic matters.
Solicitor Brid Mimnagh said her client had struggled with mental health issues, but was off his medication at the time of the altercation. Ms Mimnagh said the father of two has been living in the area for four years, and wished to apologise for his behaviour. Ms Mimnagh emphasised there was no racial motivation in the conflict.
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Judge Owens said before she finalised the matter she would direct the preparation of a probation report. The matter was then listed to return before the District Court in Longford on July 15, 2025.
Later Judge Owens heard the prosecution case against Ovitta Chinenya. The charge against Mr Chinenya was that he was in possession of a blade with a sharp point on April 28 2024 at the Cnoc na Gaoithe estate in Lanesboro.
At the outset of the case solicitor Frank Gearty told the judge his client accepted all aspects of the incident, but the matter was listed for hearing to ascertain if his client's actions were criminal.
Garda O'Leary also presented the evidence in respect of this prosecution. He explained that the initial call came in the context of 20 other previously reported disturbances in the estate.
The Garda said as he arrested Mr Fox, placing him in handcuffs, he looked up and saw Mr Chinenya coming out of number 16.
This defendant had two knives in his hand. The officer still had his baton drawn. He told the approaching male to stop and drop his knives: “After I issued a series of directions he did drop the knives. I then directed him to return to his home, and he complied,” Garda O'Leary said.
When assistance arrived from Ballymahon and Longford and Mr Fox was secured in a patrol car Garda O'Leary went to Mr Chinenya's home.
There he arrested the defendant: “I then secured the knives. Mr Chinenya was brought to Longford Garda Station, where he was detained by the member in charge at 1:25am. In an interview later that morning he made a full admission.”
The defendant took to the witness box to give his account of the incident. Mr Gearty asked his client if he had lost his cool: “I certainly did. I have a little boy, when I heard the bang on the door I ran downstairs, my baby was crying, so I went to defend my home. I know it was wrong.”
Then the legal representative asked: “Have you learned not to do so?”
“Absolutely,” Mr Chinenya responded, “I acted out of rage. I will avoid it and stay away in the future.”
The witness thanked Garda O'Leary for his promptness in responding to the initial call about the disturbance at the estate.
In summing up the issue Judge Owens noted the defendant was “in no immediate danger” and did not need to open the door and come out with knives: “I am not satisfied this was a case of self defence,” the judge said.
Mr Gearty said his client accepted the judge's assessment. He told the judge Mr Chinenya is originally from Malawi and has been in a relationship with his partner for five years. He has made his home in Ireland and works full time.
“He has learned a salutary lesson. He had taken the advice of Garda O'Leary fully onboard. He was frank and open in his interview,” Mr Gearty explained.
Judge Owens outlined her final decision would be made on June 10, 2025, but directed that Mr Chinenya participate in a restorative justice programme before that date. The judge also directed the defendant to make a payment of €750 to the Little Blue Heroes charity.
Before concluding matters the judge commended Garda O'Leary on “restraint, huge composure and courage” on the day.
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