Dispute at filling station near Laois leads to convictions for father and son
A MAN was handed down a three month suspended sentence at Tullamore District Court last Wednesday for using or engaging in threatening and abusive behaviour in Kilcormac.
Dean Guinan 35, St Cormac's Park, Kilcormac committed the offence at Doolan's Filling Station, Kilcormac, when he used or engaged in threatening behaviour with intent to provoke a breach of the peace. In addition to the suspended sentence he was fined €300
His father Noel Guinan, of the same address, was convicted of the same offences and fined €300
The convictions arose from an incident which occurred on July 14, 2021.
In his evidence in the witness stand Cathal Kiely said that on the above date he and Adam Dalzell were going to a match in Tullamore and they pulled into Doolan's Filling Station, Kilcormac to get water and an ice cream from the shop. He said Dean Guinan was outside the shop at the time.
When he and Adam Dalzell came out, Noel Guinan and Linda Guinan were there and began pointing at him saying, ''keep that scumbag away from us.'' He also claimed Noel Guinan had said ''you don't know the people you are dealing with''.
Solicitor Aisling Maloney said the Guinans believed they were sniggering over at them and made some comment like ''he is going to be got.''
In his evidence to the court, Adam Dalzell gave a similar description of events on the day in question. He said he had gone into the shop with Cathal Kiely and when they came out the Guinans were shouting abuse.
Solicitor Aisling Maloney asked Adam Dalzell if he was a brother of Harley Dalzell. He replied that he was. She asked him if he was aware that his brother was involved in an earlier incident with Dean Guinan. Adam Dalzell said he hadn't been aware of it at the time and only found out on the day before last Wednesday's court date.
In his evidence, Garda Cormac Flanagan said he had been called to the scene by Dean Guinan.
He said when he arrived he saw Noel Guinan, his wife Linda and son Dean Guinan exit a white BMW car.
As he approached them they began pointing at Cathal Kiely and Adam Dalzell saying ''that's them there.'' He said as he was walking towards Cathal Kiley he heard Dean Guinan saying the words scumbags. He said Noel Guinan was coming behind him shouting but he wasn't paying much attention as he was focused on what he was doing.
Garda Flanagan said he went to Cathal Kiely who told him he was going to a match. Garda Flanagan advised him to go ahead and get into his car. Mr Kiely said he wanted to make a statement. Garda Flanagan told him to get into the car and go to the match and make a statement later that night.
Garda Flanagan said Adam Dalzell was getting into the passenger side of the car when he arrived but when he heard shouting he got out again. Garda Flanagan told him to get back into the car and he did.
Garda Flanagan said he was aware of an incident with Harley Dalzell ten minutes earlier. But at that stage he didn't know the details.
Video footage was shown in court of Cathal Kiely and Adam Dalzell coming out of the shop. Cathal Kiely was carrying a bottle of water and Adam Dalzell was carrying a large 99 cone.
Referring to Cathal Kiely and Adam Dalzell, Judge Andrew Cody said they looked like two lads just coming out of the shop, going to the match and minding their own business.
In his evidence Dean Guinan said following the earlier incident with Harley Dalzell he had driven to the secondary school to ring the gardai. He had been instructed to return to Doolan's filling station and wait for the gardai to arrive.
He said Adam Dalzell and Cathal Kiley were laughing at him ''after he nearly being stabbed.'' He said his father Noel had told them to f..k home. ''I was terrified and frightened. I was shook up over what happened,'' he said.
Sgt James O'Sullivan put it to Dean Guinan that there was bad blood between both parties after what happened with Harley Dalzell.
''You were thick. You were blaming them for what happened,'' said Sgt O'Sullivan. Continuing he said judging from the CCTV neither Cathal Kiely or Adam Dalzell appeared to say anything.
In the witness stand, Noel Guinan said he received a phone call from his son to say an incident happened with a knife. He said ''we left Birr and went to Kilcormac.''
He said he told Cathal Kiely ''you f..k up home''. He claimed Cathal Kiely said ''go on you grey headed adopted bastard.'' Mr Guinan denied saying, ''you don't know who you are dealing with.''
Dean Guinan's mother Linda Guinan took to the witness stand but before speaking she said she was feeling very intimidated as she said Cathal Kiely and Adam Dalzell were finding it very funny.
She reiterated what her husband had said. She said she was traumatised that her son was ''nearly after being stabbed.''
She said she would be very surprised if her son Dean had called Cathal Kiely and Adam Dalzell scumbags. ''I think he was raised a bit better than that,'' she said.
She said just as Garda Flanagan arrived she heard Cathal Kiely say ''they will be got the next time.''
She said Mr Kiely was a bit forward and aggressive. It was obvious he went up on his tippy toes when he was talking to Garda Flanagan she said. She said she couldn't understand why no one else saw what she saw on the video.
She alleged her son Dean had been threatened with a knife by Harley Dalzell and that then the Kiely's drove up and were circling around. She said she was never asked to make a statement.
Judge Andrew Cody said he had seen enough of the video. Mrs Guinan said she had seen enough too.
Judge Cody commented that the three Guinans appear difficult, aggressive and argumentative. He said he didn't believe Dean Guinan for a minute.
Sgt James O'Sullivan said Noel Guinan had no previous convictions. Dean Guinan had 10 previous convictions, including two for criminal damage and had previously been handed down community service in lieu of a prison sentence.
He imposed a three month prison sentence on Dean Guinan which he suspended for three years. In addition he fined him €300 his father Noel Guinan was fined €300.