No jail for man who stalked ex boyfriend before biting and putting a cigarette out on his face
A STUDENT nutritionist, who stalked his ex-boyfriend before attacking him on a Dublin street by biting him and putting out a cigarette on his face, has been given a 12-month suspended sentence.
Djair Carlos De Oliveira, 27, who has since been diagnosed as having Obsessive Compulsive Disorder (OCD), was “bereft” and harassed his former partner for months after their relationship ended, Dublin District Court heard.
He also brandished a knife at the man's new partner and tried to stab him.
The Brazilian national also threatened to "destroy" the man's life and contact his family on Facebook.
Judge Dermot Dempsey noted today from defence solicitor Declan Fahy that an order had been made earlier stage that a suspended sentence would be imposed if a positive probation report was furnished to the court.
Judge Dempsey said the sentence was being suspended on condition De Oliveira keeps the peace and does not re-offend for the next two years.
He was also fined €100 and ordered not to have any contact with the victim or to approach his workplace and home.
De Oliveira, who has an address on the North Circular Road in Dublin, pleaded guilty to assault causing harm, harassment and production of a knife with a four-inch blade in a manner that could have caused serious injury, on dates from June 2014 until September last year.
The court heard De Oliveira was apologetic and had been in a relationship with the victim for about 18 months.
After that ended it became known to him that his former partner was seeing someone else “and he took it extremely badly” and “felt genuinely upset and bereft at the loss of his relationship”, his solicitor had said.
He had alcohol consumed when some of the incidents took place. The court was told he has since been diagnosed as having ODC for which he has been given medication, and he accepts his behaviour was inappropriate.
He came to Ireland three years ago, works as a waiter and is putting himself through college, and has no other charges pending, the defence said in pleas for leniency.
The district court heard he “did not take the end of this relationship too kindly and persisted in contacting the injured party”.
He sent messages demanding answers as to why the relationship ended.
It was alleged he sent a message saying: “Why can't you answer me? I am going to destroy your life, I'm going to Facebook all your family, I'm going to tell everyone we are still in a relationship”.
The court heard he harassed the man from June 1st until August 21st 2014.
The court was told the injured party would generally be called 20 times a day.
Once he had 130 missed calls from the defendant while on another date there were 80 missed calls and 20 texts from him over a two-hour period.
The court was told his ex-partner later got into relationship with another man and this “caused angst with the defendant”.
On the night of October 30th 2014 at Blackhall Place in Dublin 7 the complainant had just left work and was with his new partner. They noticed Carlos De Oliveira walking toward them and attempted to pass him on the path.
However, the accused grabbed his former partner and refused to let go. The court heard he quenched a cigarette on his face just under his eye and started to push him.
The court heard there was a struggle, he bit his wrist drawing blood and leaving him with a scar. On January 23 last Mr De Oliveira approached the man's new partner at Blackhall Place but was told to go home.
The court heard De Oliveira “pulled a knife out of his jacket” and went to stab him and he was “making a jabbing motion with the knife, jabbing it downwards” before he was disarmed.
From June until September last year he continued contacting his former partner by phone and was seen loitering outside his home which was in breach of bail conditions, the court heard.