McDowell: DPP can appeal sentence for librarian's attackers

It is up to the Director of Public Prosecutions to decide whether to appeal three-month jail terms handed down to two men who kicked a librarian to within an inch of his life, Justice Minister Michael McDowell said today.

Tennis coach Stephen Nugent, 24, from Swords and 29-year-old university student Dermot Cooper from Stillorgan had pleaded guilty to assault causing harm to Sligo librarian Barry Duggan in Dublin's Grafton Street in April 2003.

Judge Donagh McDonagh yesterday imposed two three-year sentences on the two men but suspended all but three months of the terms.

The leniency of the sentences was criticised by Mr Duggan’s GP and other callers to RTÉ Radio’s Liveline phone-in show.

Mr McDowell today said the DPP could appeal the sentence if he felt the punishment for the “very, very cruel” crime was wrong.

“I wasn’t in court so I can’t say whether the judge’s decision was right or wrong,” he told Today FM today.

“But if it was unduly lenient the Director of Public Prosecutions can appeal it to the Court of Criminal Appeal and have a more severe sentence put in, if it was wrong in principle.

“That happened early on during my tenure as Minister for Justice and the outcry was so strong – were the streets of Dublin safe?

“There were television programmes on drunkenness on the streets,” he added.

The minister explained that the Government had passed public order legislation and things have improved since then.

“When you think about those two gents involved – kicking that poor fellow who was smaller than them, less fit than them I think, who was wheeling his bike up Grafton Street – kicking him to within an inch of his life.

“That was a very, very cruel thing.”

“I presume the DPP will decide whether or not he is happy with that outcome. I’m not here to urge him one way or another.

“If those were two young fellows from Ballyfermot and if it was a young lad from Donnybrook, who was wheeling his bike up past the chipper in Ballyfermot, and that happened, would the same outcome have occurred.?

“We live in a Republic and we are all citizens.”