| 15.9°C Dublin

suspended sentence Two men avoid jail for assisting in evade of arrest

Mitchell and Macken had assisted the third man in evading arrest by not stopping the van when gardaí sought to arrest the man

Close

17/6/2021
Patrick Macken (34) pictured leaving the Criminal Courts of Justice (CCJ) on Parkgate Street in Dublin (Pic: Collins Courts)

17/6/2021 Patrick Macken (34) pictured leaving the Criminal Courts of Justice (CCJ) on Parkgate Street in Dublin (Pic: Collins Courts)

17/6/2021 Patrick Macken (34) pictured leaving the Criminal Courts of Justice (CCJ) on Parkgate Street in Dublin (Pic: Collins Courts)

Two men who assisted another man's attempts to evade arrest by gardaí have received fully suspended sentences.

Derek Mitchell (27) and Patrick Macken (34) assisted the third man by not stopping a van that the man was in the rear of when gardaí sought to arrest him.

Dublin Circuit Criminal Court heard that various items were discovered in the rear of the van including an imitation firearm and a box of cable ties.

Mitchell of Moatview Avenue, Priorswood, and Macken of Macroom Road, Coolock, pleaded guilty to impeding the apprehension or prosecution of an offender at Rosemount Avenue, Artane, Dublin, on March 13, 2015.

Mitchell has three previous convictions for public order offences, while Macken has 11 previous convictions for possession of drugs and road traffic offences.

Detective Garda Alan Monaghan told Fiona McGowan BL, prosecuting, that on the date in question, a garda operation was put in place which tracked the movement of a silver van. The van was intercepted in the Rosemount area of Artane.

Det Gda Monaghan said Mitchell and Macken both attempted to flee from the van, but were apprehended shortly thereafter. A third man was apprehended in the rear of the van while wearing two sets of clothes.

A number of items were found in the van, including an imitation firearm and a box of cable ties.

The third man subsequently pleaded guilty to possession of certain articles and possession of an imitation firearm and was sentenced to four years imprisonment in 2017.

Det Gda Monaghan told the court that Mitchell and Macken had assisted the third man in evading arrest by not stopping the van when gardaí sought to arrest the man.

Close

Derek Mitchell (27) pictured leaving  the Criminal Courts of Justice (CCJ) (Pic: Collins Courts)

Derek Mitchell (27) pictured leaving the Criminal Courts of Justice (CCJ) (Pic: Collins Courts)

Derek Mitchell (27) pictured leaving the Criminal Courts of Justice (CCJ) (Pic: Collins Courts)

The detective said the assistance they provided to the third man was only regarding the offence of possession of articles.

Det Gda Monaghan agreed with Giollaíosa Ó Lideadha SC, defending Mitchell, that the detective had concerns about his client associating with certain persons, but that he no longer has these concerns. He agreed Mitchell has a “good prospect” of staying out of trouble in the future.

Sunday World Newsletter

Sign up for the latest news and updates

This field is required This field is required

The detective agreed with Andrew Sexton SC, defending Macken, that his client also has a “good prospect” of staying out of trouble and has disassociated from certain people.

Mr Ó Lideadha said his client has gone through “six years of suffering” with this hanging over his head. He said his client was an important part of the lives of his sister and niece.

Mr Sexton said the gardaí “intercepted” and that “thankfully” the crime was “reduced” as a result. He said his client has adhered to his bail conditions and it could be said that a lesson has been learned.

Judge Melanie Greally said some considerable time has elapsed since the incident and neither men have come to significant garda attention since.

Judge Greally said she placed the offence in the mid-range of seriousness for offences of this kind due to it being associated with a far more serious criminal enterprise.

She said that both men have used the time to good effect. She said both have broken off ties from negative associations which may have contributed to the commission of these offences.

Judge Greally sentenced Mitchell and Macken to 12 months imprisonment, but suspended the sentences in their entirety on strict conditions.

Download the Sunday World app

Now download the free app for all the latest Sunday World News, Crime, Irish Showbiz and Sport. Available on Apple and Android devices


Privacy