Dad who ran at neighbour brandishing samurai sword after long-running dispute escapes jail

Sunday World

4 days ago

Fran Halpin (49), from Newbrook Avenue, Donaghmede, Dublin, was given a two-year suspended sentence for the incident
Wheelchair bound Fran Halpin says he lost the plot at his neighbour
A man who ran at his next-door neighbour with a sword has said he 'just went bananas' over a long-running dispute and 'there's no justifying it' after he avoided prison.
Fran Halpin (49), from Newbrook Avenue, Donaghmede, Dublin, was given a two-year suspended sentence for the incident where he chased after then-neighbour Martin Gunda while wielding a sword as part of a dispute between the two neighbours over construction works on November 20, 2021.
After Mr Gunda fled in terror into his home, Halpin slashed at his door with the Katana samurai sword before smashing the window of a vehicle belonging to a friend of Mr Gunda in what was described as a 'wild and deranged' incident.
Halpin also received a one-month sentence for threatening and abusive behaviour over another incident when he shouted 'I'll burst you' at his neighbour on July 7, 2021.
Fran Halpin consumed with dispute
The Gunda family have since moved out of the home as a result of the dispute.
Speaking to the Sunday World this week Halpin, who suffers from a serious back condition and was on heavy medication at the time of the sword incident, said there was no excuse for what he did.
'I just went bananas. There is no justifying it. Not in a hundred million years would I even try and defend that, no way in hell. It's a blur. I remember him saying something. I remember going in through my front door and the staircase. And I just remember being back sitting on my staircase. I said to myself what am I after f**king doing? I'm going to end up in prison.'
Halpin said he'd 'give anything to go back' and not carry out the attack.
However he added: 'I know it's a horrible thing to say but I feel I was driven to it.'
Mr Halpin said he is relieved to have avoided prison and never intends to have any interaction with the Gundas again. He said he will even buy a body camera which he will wear at all time outdoors to prove that is the case.
Gardai at the scene — Fran Halpin and his neighbour made differing complaints
The court heard Mr Gunda told gardai he initially got on with Halpin but there was an issue in relation to a shed built at the back of the house.
Mr Gunda had lived in his house on Newbrook Avenue since 2010 and Halpin owned a corner site beside him. Halpin said Mr Gunda had wanted to buy the site off him but he declined and instead built his own home on the site and he feels this is where the dispute began — and words were often exchanged between the pair.
Mr Halpin said over the course of them living beside each other he called gardai 25 times complaining about his neighbour and alleged incidents, while Mr Gunda also called gardai on numerous occasions.
He felt Mr Gunda was labelling him a drug dealer, which was completely untrue and greatly upset him.
'I just lost it, he was poking me for so long. It bothered me about calling me a drug dealer, really bothered me. It was a scene I never wanted any part of,' he said.
The dispute escalated with the two serious incidents over a number of months in 2021.
Garda Shane Kennedy told Dublin Circuit Court that he responded to a call on July 7, 2021 in which Mr Halpin threatened his neighbour Martin Gunda with a hammer and shouted 'you're a dead man'.
Mr Gunda said he was in fear after the incident and that Halpin made other derogatory remarks, including: 'Tell your tramp of a wife I said hello'.
Fran Halpin with our reporter Alan Sherry
Gardai arrested Mr Halpin, who told officers the problem started with his neighbours after he began building work on his home.
He admitted calling Mr Gunda a 'foreign c**t' and said he shouted 'I'll burst you' to him.
He also told gardai in interview that he had a hammer which he was doing work with but said he didn't threaten his neighbour with the tool.
Mr Halpin, who previously ran his own plastering company and worked in construction, arrived in court in a wheelchair and is mostly housebound.
The court heard he was on prescribed morphine, ephedrine and other prescription drugs at the time of the incident due to severe pain from back surgery caused by a disc problem which then led to a collapsed spinal cage which left him in agony.
Garda James Mahon from Coolock Garda Station responded to a public order call on November 20, 2021 with reports that 'two male neighbours were arguing, it was getting heated and might escalate'.
When gardai arrived they spoke to witnesses including Mr Gunda's wife and a friend who had come to help put up a fence.
Witnesses told officers that Halpin came out wielding a sword shouting 'I'm going to get you' while running after Martin Gunda, who fled for his life into his home before Halpin swung the sword at the door.
He also smashed the windscreen of a van belonging to the friend of Mr Gunda.
Garda Mahon said the sword was a Katana samurai style sword which was approximately 2.5ft long.
Mr Gunda told gardai he was afraid and described Halpin as 'manic and crazy' during the incident.
In their victim impact statement, the Gunda family said they moved out of their home to a new house as a result of their fear of Halpin.
Mr Gunda's wife also said she was fearful now his bail conditions were gone he would come back.
'I feel he should get a harsh sentence,' she said.
Wheelchair bound Fran Halpin says he lost the plot at his neighbour
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Halpin's defence barrister said this was a case which ended up in the Circuit Court over an argument over a fence.
However, Judge Martin Nolan said it was in the Circuit Court because Halpin 'accosted other parties with a lethal weapon'.
'It may be neighbours' dispute but that doesn't mean it wasn't serious,' the judge said.
His defence counsel agreed, saying it was a 'wild deranged incident' and that his client takes full responsibility, is remorseful and now wants to move on with his life.
The court heard Mr Halpin had a long work history and set up his own plastering business before later going into construction and had built his own home next door to the Gunda family.
His relationship with his partner broke down since the incidents but she was in court to support him and said he was always kind to her and was a great father.
Numerous people also gave glowing character references for Halpin, including his new neighbour who moved into after the Gundas left and said she always 'found him nothing but helpful' and had 'yet to hear a negative thing about him from other neighbours'.
Another couple on the road said he was a 'decent and honest person and good neighbour' and said they never had any trouble from him.
Another couple said he was a person of integrity and they 'firmly believe the incident was not reflective of his character.'
Judge Nolan said it seemed the Gundas and Halpins were neighbours but 'difficulties arose' which led to disagreements and the 'altercation in relation to the hammer'.
He said the sword incident was a serious matter and while there was 'probably some difficulty' between Halpin and Mr Gunda that did not justify what he did.
The judge said there were numerous mitigating factors including his remorse, his good work history his lack of any convictions bar minor road traffic matters from years ago, and his poor health.
He said he did not think on balance Halpin was likely to reoffend and sentenced him to two years fully suspended for a period of two years for the sword incident, and one month fully suspended for one month for the hammer incident.