Man who attempted to set garda's personal car on fire using vegetable oil jailed

Eimear Dodd

A man who attempted to set a garda's personal car on fire using vegetable oil has been jailed for 15 months.

Colm Dowling (68) also caused over €7,000 worth of damage to gates at a commercial premises, Dublin Circuit Criminal Court heard.

Dowling, of Cypress Avenue, Brookwood, Dublin 16, pleaded guilty to two counts of criminal damage on January 11th last.

He has eight previous convictions, including four for arson and two for harassment. He received a three-year sentence with the final 20 months suspended in 2022.

These offences occurred 10 months after his release from custody and during the suspended part of his sentence, the court was told.

A garda witness said that the injured party found vegetable oil on their windscreen and charred tissue under the windscreen wiper, which was damaged. “Vegetable oil is not a suitable accelerant,” he said.

Michael O'Higgins SC, defending, said he was instructed this attack was random and his client was intoxicated at the time. He said it was not due to the fact that the injured party is a member of An Garda Siochana.

An investigating garda outlined that a lighter and a bottle of vegetable oil were found nearby. A witness said she saw Dowling carrying tissue paper, which she found suspicious.

Another resident saw Dowling on their CCTV walking towards the injured party's house at 5:45am carrying a bottle and returning at 5:48am, without the bottle.

€76 worth of damage was caused to the car's front wipers.

In the second incident, a broken registration plate and wing mirror was spotted in the yard of a business premises in the Rathfarnham area.

The business owner thought this was suspicious and checked CCTV. The footage showed Dowling making several attempts to climb the gate, before he walked away.

He reappeared with a traffic cone, then tried unsuccessfully to climb the gate again. Four minutes later, a white Ford van was seen driving up to the gate.

While Dowling was repeatedly driving the van into the gate in an attempt to open it, the front registration of the van partially broke off and fell into the yard. The side wing mirror also came off, the court was told.

Dowling drove away, and CCTV footage captured him returning to his home.

The court heard that Dowling returned to the commercial premises the following morning and used a long pole to retrieve the partially broken registration plate, which the business owner had already photographed.

Gardai went to Dowling's house and spotted a white Ford van parked outside, which was missing its driver's side wing mirror and part of its front registration plate. There was also paint on the van from the gates.

Dowling was interviewed, but nothing of evidential value was obtained. The court heard that €7,200 worth of damage was caused to the gates and a pillar.

The owner of the property where the business premises is located was the injured party in some of Dowling's previous offending, the court was told.

A victim impact statement from the garda was handed to the court.

The court heard that Dowling's brother was killed in 2018 in tragic circumstances.

Mr O'Higgins noted his client first came before the Circuit Court in 2022 at the age of 65.

Counsel said Dowling has “severe alcoholism”, instructs that he is not a daily drinker and can remain sober for long periods before relapsing.

A psychological report was provided to the court. Dowling has a diagnosis of major depressive disorder and a history of depression and anxiety.

He has been in custody since last January and is engaging with psychological supports while in prison. He has some work history and, more recently, has been on disability allowance.

Mr O'Higgins said his client's problems go back to 2015 and that he feels a “sense of grievance” towards the owner of the property where the business premises is located.

He said his client reacts “disproportionately” due to his background and character, but is full of regret and remorse.

He said his client is ashamed of his actions, and this offending occurred due to a relapse.

Mr O'Higgins said his client is at significant risk of re-offending unless he addresses his issues.

“Anyone who puts a match to anything can run the risk of having a far-reaching consequence”, counsel said, adding that the damage caused was low.

Dowling has been in custody since last January. While he finds prison difficult, he is working in the prison gardens.

Dowling's partner was in court to support him and has her own health issues, the court was told.

He asked the court to consider his client's early guilty pleas, letter of apology and small contributions made to AA and Focus Ireland as tokens of remorse.

Imposing sentence on Tuesday, Judge Jonathan Dunphy noted the victim impact statement said that the garda whose car was damaged felt she had been targeted and had since moved away.

He said it is accepted that this was not a targeted attack. The judge noted that the owner of the property where the commercial premises are located was the injured party in some of Dowling's previous offending.

He said Dowling had a “continuous unjustified grievance” and an aggravating factor was the targeted nature of his offending against this injured party.

The judge said Dowling's moral culpability was reduced due to his mental illness. He said it appears that Dowling's recent period in custody has helped him to appreciate that he needs to manage his mental health and alcoholism better or he may end up in custody again.

Judge Dunphy imposed a sentence of two years, with the final nine months suspended on strict conditions.

He directed Dowling to place himself under the supervision of the Probation Services for two years post-release and to complete any referrals, including for a residential treatment programme.

The judge placed Dowling under a peace bond for two years in respect of the criminal damage of the garda's car. He directed Dowling to pay €76 within 28 days of his release from custody to cover the cost of the damaged windscreen wiper.

Judge Dunphy remanded Dowling on bail to appear at a sitting of Dublin Circuit Criminal Court on Friday in relation to the potential re-activation of the part-suspended sentence.