No jail sentence for man despite 'serious nature of the charge'

A convicted drug dealer who is currently serving an 18-year jail term for possession of heroin worth €6.2m has been given a suspended sentence for his part in a fight in which a man was killed.

Father-of–six Michael Byrne (aged 42) of Old Tower Cross, Clondalkin was found guilty by a jury of affray with co-accused Derek O’Driscoll at Parkwest Road, Parkwest, Ballyfermot on September 27, 2009.

Detective Garda Michael Tynan told Garnet Orange BL prosecuting there were up to 20 people involved in a fight in a car park, which had commenced in a bar and continued outside.

Dublin Circuit Criminal Court heard one man died of his injuries and the accused’s brother was wounded in the stomach. Byrne arrived late to the scene and was unarmed.

Det Gda Tynan told the court the offence was committed while Byrne was on bail and that O’ Driscoll pleaded guilty to possession of a weapon.

Det Gda Tynan said that both men were biting and that Byrne got a bite mark on his chin.

He said Byrne had 20 previous convictions - the most serious was in 2010 for possession of 32 kilos of heroin for which he received an 18-year sentence.

Det Gda Tynan also said it was a very violent, aggressive incident between two groups of men and that a number of gardaí who attended the scene expressed fear.

Under cross-examination he agreed with Ciaran O’ Loughlin SC defending that there was a reluctance of anyone present to give evidence.

Mr O’Loughlin said his client was not armed at any stage and perceived a major threat from O’ Driscoll.

Counsel also told the court that there was a dispute between two gangs and Byrne arrived after that.

Judge Patrica Ryan handed down a two-and-a-half-year suspended sentence for three years to run consecutively to his 18-year term.

She said she was taking account of the serious nature of the charge and the fact that he was on bail at the time.

But Judge Ryan also noted he apologised to gardaí, that he came late to the scene unarmed and that the court was advised he was serving an 18-year sentence.