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A taxi driver who dislocated a man’s shoulder after he clamped his car has been handed a suspended sentence.
Dublin Circuit Criminal Court heard that Feliks Andrianov (54) of Corduff Green, Blanchardstown, Dublin, was found guilty after a trial of assault causing harm at McDonald’s restaurant, Dublin Airport on July 5th 2019.
He has no previous convictions.
Andrianov, who discharged his legal team after his trial, represented himself at the sentence hearing. At a previous hearing, he was remanded into custody for two hours after he raised his voice at Judge Elma Sheahan.
When he returned to the courtroom, he was asked by the judge if he wanted to continue to represent himself or seek a new legal team.
He was still representing himself when the sentence was passed down on Friday.
Judge Elma Sheahan said the accused was convicted following a trial of assault causing harm. She said the aggravating factor in this case was the seriousness of the offending.
Judge Sheahan said that the mitigating factors were Andrianov’s previous good character, his co-operation with the gardaí, his long history of employment in Ireland, and his family’s support.
The judge said that this was an unusual case and that Andrianov had fought the case believing that CCTV and body cam footage had been tampered with. He also refused to accept the jury’s verdict.
Judge Sheahan sentenced Andrivanov to 18 months in prison but suspended it in full for 18 months.
Garda Paul Murphy told Derek Cooney BL, prosecuting, that Michael Norris began work as a security worker at 7am on the morning of July 5th 2019.
He was working at McDonald’s located across from Dublin Airport. Mr Norris was instructed that if he saw anyone park their vehicle and walk off the site, he should clamp it.
The court heard that not long after 7.30am on the morning in question, Mr Norris saw a taxi driver park his car and leave the area to go to Circle K.
Signs stating that cars parked here would be clamped were located throughout the area.
Mr Norris proceeded to clamp the car.
A short time later, the taxi diver, who was later identified as Andrianov, returned to his car, and Mr Norris walked over.
Andrianov was informed that this car park was for McDonald’s customers only and not for Circle K customers. Mr Norris then turned on his body cam.
The court heard that Andrianov looked down at the body cam, put his hand over it and then instigated an altercation by grabbing Mr Norris.
The security worker noticed that his left shoulder was injured, and he was unable to move it.
He went into McDonald’s and an ambulance was called. He was treated at Beaumont Hospital with an X-ray showing he had a dislocated left shoulder.
During questioning, Andrianov told gardai that he had been struck first by the security guard. Gardaí obtained CCTV and body cam footage, which showed that the security officer did not hit the taxi driver.
A victim impact statement was read to the court by the prosecuting counsel, stating that Mr Norris had to leave this employment due to fear of being assaulted at work. He said that he was unable to work for a period of time due to his injuries.
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The court heard his partner gave birth 10 days after the assault, and he was unable to hold his baby and help his wife. He also had to sell his car and buy an automatic car due to his injury.
The court heard that Andrianov came to Ireland over 20 years ago and has worked here for his entire time. He is a married man and father. He is originally from Lithuania. His mother still lives there and is dependent on him.
Documents were handed into the court by Andrivanov, which outlined his work history, a medical report from when he was involved in a car accident many years ago and documents outlining the ill health of his mother.
Andrivanov told the court: “The truth will come out”.