Former fireman gets nine years for sword assault

A former fireman who cut a carpenter's left hand off with a samurai sword in a crowded Dublin pub has been sentenced to nine years in prison by Judge Katherine Delahunt at Dublin Circuit Criminal Court.

Charles Russell (aged 28), of Whitechapel Road, pleaded guilty to intentionally or recklessly causing Mr Peter Rogers serious harm at The Deputy Mayor Pub, Meekstown on January 13, 2008. His 31 previous convictions included road traffic and criminal damage offences.

Detective Garda Tony Gleeson told Ms Melanie Greally BL, prosecuting, that Russell severed Mr Roger's hand at the wrist with his first swing of the sword and his hand fell to the ground.

He said that the victim did not notice that he had lost his hand which he said must have been due to shock. Mr Rogers continued to struggle with Russell and at one stage punched the accused in the face with the stump of his arm.

Det Gda Gleeson said that Mr Rogers will never have full use of his left hand again. He has also been left with a facial scar from another blow he received from the sword.

He has suffered from depression, his relationship has since broken down, and he will never work in carpentry again, or play golf and football as he had done regularly before the assault.

Det Gda Gleeson said that both Russell and his co-accused had left the pub earlier that day and returned with the sword and a hammer before they both assaulted Mr Rogers.

Russell was arrested the following March after gardaí identified him having viewed CCTV footage in the pub. He exercised his right to silence in the subsequent garda interview.

"He gave no convincing reason for the motivation behind the attack," Det Gda Gleeson said.

Det Gda Gleeson agreed with Mr Luan O Braonain SC, defending, that Russell's co-accused claimed that Mr Rogers had said something insulting to his girlfriend's mother which led to their attack on him.

He agreed with Ms Greally in re-examination that there was no evidence to support Russell's co-accused's version of events.

Judge Delahunt suspended the last 12 months of the sentence on condition that Russell keep the peace and be of good behaviour for two years.

She said that the "lethal and offensive nature of the weapon used showed no other intention than causing the most grievous amount of harm" before she added that he had inflicted "catastrophic injuries"

She noted that a victim impact report made "very sorry reading for such a young man" after noting that not only had Mr Rogers suffered the physical injuries, he also had ongoing clinical depression and panic attacks and had lost both his trade and relationship.

Judge Delahunt said that whether or not Russell's co-accused's explanation for his motivation behind the attack was plausible, it was never Russell's argument and he should never have got involved.

She said she was satisfied that the assault was at a very high level and involved premeditation because Russell had left the pub to collect the weapons.

Det Gda Gleeson said that Mr Rogers had been in the pub with a number of friends that day before he was struck from behind with a hammer.

This blow came from Russell's co-accused and friend who was then wrestled away by bar staff. He has denied the charges and is due for trial later this year.

Russell then swung a samurai sword at Mr Rogers and continued to strike at him four or five times before staff in the pub dragged him away. He was restrained by the bar manager but managed to escape and fled the scene.

Det Gda Gleeson said that one customer picked up Mr Rogers's hand and placed it in ice in a black bag. The victim was taken to the Mater hospital where he underwent emergency surgery to reattach his hand.

He accepted a suggestion from Mr O Braonain that while Russell did not say anything in interview he consented to his blood being taken for DNA analysis and to standing in an identification parade.

Det Gda Gleeson acknowledged that a medical report said that Mr Rogers had made some progress, although it was slow, but added that doctors had concluded that it is unlikely that the victim will ever make a full recovery.

Mr O Braonain said his client had developed a cocaine problem and had been taking drugs and drinking for four days prior to the assault.

He said that his friend had approached him and told him that Mr Rogers had insulted the woman but accepted that "none of this goes to excuse what happened" and said his client's reaction was not "even conceivably proportionate".