A Co Longford man who assaulted an Irish Rail ticket inspector on a train at Connolly Station in Dublin has been jailed for two years.
Gerry Nevin (32), who has 119 previous convictions, assaulted the injured party on a Dublin-to-Sligo service after being asked to leave the train because he was in possession of a can of alcohol, Dublin Circuit Criminal Court heard.
Nevin, of Mostrim Road, Ballymahon, pleaded guilty to assault causing harm on September 21st, 2024, at Connolly Station.
The ticket inspector sustained a busted lip and cuts to his nose and face in the assault. His glasses were also broken.
In a victim-impact statement read to the court by prosecution barrister Marc Murphy, the inspector said the assault had “made me afraid of trains”, adding he “truly wishes this had never happened”.
Sentencing Nevin on Friday, Judge Martina Baxter said the ticket inspector was “only working, was just doing his job when he was undermined” and assaulted.
She said while Nevin later admitted he hit the man, it was clear he “had him in a headlock and was not letting go”.
“Mr Nevin could have turned the other cheek and walked away, but he didn’t,” she said.
The judge set a headline sentence of 3½ years, which she reduced to 2½ years after taking mitigating factors into account, including Nevin’s early guilty plea. She suspended the final six months of the sentence on a number of conditions.
Garda Oisín O’Toole told the court gardaí went to Connolly Station following a report that a member of Irish Rail staff had been assaulted.
CCTV footage of the incident played in court showed Nevin and the injured party engaged in a verbal disagreement on the train. Evidence was heard that Nevin had been asked to leave the commuter train as he had a can of alcohol.
Nevin got off but continued to argue with the inspector, who stepped back on to the train. Nevin then assaulted theman, pushing him against a locked door inside the carriage, punching him and placing him in a headlock.
Evidence was also heard about an earlier interaction between Nevin and the ticket inspector.
The injured party had asked Nevin to get rid of a can of alcohol or he would have to leave the train. Nevin put the can in the bin and the ticket inspector continued his duties. When he returned, Nevin had another can of alcohol and it was at this point that he was asked to get off.
When gardaí arrived, Nevin was being detained by security. The court heard it took gardaí about two hours to respond to the call as it was a busy night.
After caution, Nevin replied: “I did hit the driver. I know I’m in the wrong.”
In his victim-impact statement, the inspector said the defendant “threatened to have me killed” and “punched me several times”. He said he was left in pain and required hospital treatment. The Irish Rail employee added he was off work for four months due to his physical injuries and the psychological impact of the assault.
He said the incident continues to affect his mental health and wellbeing. It has “made me afraid of trains”, he said, adding that, at times, “I don’t want to go on trains again”.
O’Toole agreed with defence barrister Luigi Rea that the guilty plea from Nevin, who was on bail at the time, was of assistance.
Nevin shouted out several times during the hearing, at one point saying: “I know the case better than anyone. I know what happened.”
Defence counsel said his client’s recollection was that a woman asked Nevin to use his charger and the ticket inspector came over in an aggressive way, claiming Nevin was harassing the woman.
Counsel told the garda his client overreacted as he had been stabbed and mugged in Mullingar a week before.
Nevin took the stand and said this was “never meant to happen”. He said he only had one beer on the train after spending time earlier drinking in Dublin.
He said he was held on the ground for nearly 90 minutes after the assault, during which time, he alleged, someone “stood” on his back.
“I could barely get air into my lungs,” he added. “I’ll never forget that experience; I nearly died.”