Man who threatened gardaí with chainsaw avoids jail

Stephen Maguire

A man who threatened gardaí with a chainsaw when they called to his house during a disturbance has avoided jail.

Matthew Smyth (27) mounted a siege-like situation at his family home in Culdaff, Co Donegal during an early morning domestic dispute at 7.12am on April 16th, 2021.

Gardaí were called to the scene, however, when they arrived the accused waved a chainsaw at them as they tried to gain entry to the property at Dunross.

Smyth also produced a broken fence post, with which he also threatened the officers.

Garda Sergeant Jim Collins told Letterkenny District Court that gardaí spoke to Smyth, who eventually put down the chainsaw.

He was arrested and detained under Section 12 of the Mental Health Act and received treatment and assistance.

The accused was charged with assaulting his father, Christopher Smyth, on April 16th, 2021, contrary to Section 2 of the Non-Fatal Offences Against the Persons Act 1997. He is also charged with producing a chainsaw contrary to Section 11 of the Firearms and Offensive Weapons Act 1990.

A further charge of assaulting his father and threatening him with a broken pint glass was withdrawn, with the accused's solicitor, Mr Frank Dorrian, telling the court that harmony has been restored in the home.

The court heard the accused has no previous convictions of any kind.

Mr Dorrian claimed the incident was more bluster than threat, but added that gardaí were not to know this.

He added that given Smyth's frame of mind he had adopted an entrenched position whereby he felt himself under some sort of threat and that he was besieged.

However, Mr Dorrian added there had been good engagement by Smyth, and he is now well-motivated and much more communicative.

Judge Eiteain Cunningham said she had read two probation reports on the accused and noted there had been food engagement.

However, she said this was a serious matter that had involved a broken glass and a running chainsaw.

The judge convicted the accused under the Firearms Act and sentenced him to 80 hours community service in lieu of three months in prison and took all other charges into consideration.