A man who damaged another person’s car by throwing a rock at it in a busy Letterkenny car park has been handed a suspended prison sentence.
Dilaver Elahi appeared before Letterkenny District Court in connection with an incident on May 28, 2022.
Sergeant Jim Collins told the court that the injured party’s vehicle was parked at Letterkenny Retail Park. Elahi, a 32-year-old, with an address at Meadowbank, Letterkenny, was in a shop in the retail park at the time and spotted the other person’s car.
CCTV footage showed the defendant throwing what was described as a “large rock” onto the body of the vehicle and causing damage.
Elahi was charged that he did without lawful excuse damage property, to wit, bonnet and window of a car, intending to damage such property or being reckless as to whether such property would be damaged.
The charge is contrary to Section 2(1) Criminal Damage Act, 1991.
The court heard that €600 worth of damage was caused.
Elahi, who has 31 previous convictions, was unfit for community service, his solicitor Mr Patsy Gallagher informed the court.
Mr Gallagher said that his client had suffered a fall and needed pins to repair a leg injury.
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“He has had difficulty in the past,” Mr Gallagher added.
He said that Elahi previously served seven weeks in prison in 2024 and said a lot of his previous matters were borne out of a severe addiction. He told the court that Elahi has now got assistance in that regard.
Judge Emile Daly said that the court would have prepared to deal with the matter by way of a community service order, but that was not available. Nor was a compensation order to the injured party as Elahi is not a man of means.
In light of his previous offending, Judge Daly said she would impose a prison sentence.
Judge Daly sentenced him to two months in prison, but suspended the term for 12 months on condition that Elahi not come to adverse attention and abide by all directions from medical personnel.
“The matter is in your hands now,” Judge Daly told the accused.