GARDAI were praised yesterday by a judge when he jailed two men who tied up a couple in their home in the early hours of the morning and stole jewellery, a shotgun and other property.
Judge Kelly said family life was destroyed if people could not sleep securely in their beds without intrusion by criminals. The home should be a haven where one could lock the door on the troubles of the world outside.
He imposed two concurrent terms of eight years on Aiden Foster (39), of Belcamp Grove, Coolock, and two terms of five years on David Reilly (23) Clanranald Road, Donnycarney, both Dublin.
The men pleaded guilty last October at Dublin Circuit Criminal Court to burglary and theft at a Santry home on December 14th, 1995, and to assault with intent to rob on the same occasion.
Judge Kelly complimented Garda Michael Fenlon and his colleagues for their diligence in apprehending the defendants in difficult circumstances. He also commended Garda Fenlon for his work in preparing the case and his concise evidence.
The gardai found the stolen property near the victims' house in a garden where Foster and Reilly hid it after committing the crime. Both men were arrested at a specially set up checkpoint when they returned in a taxi to recover the stolen items.
Garda Fenlon told Mr Ken Mills SC, prosecuting, that the victims were terrorised, particularly by Foster, who was described by them as "a man with a beard who resembled a Franciscan monk". Two young girls and their mother were screaming in fear when gardai arrived.
The court heard that Foster slashed his wrists last week after gardai arrested him on a bench warrant and later jumped through a window at Beaumont Hospital. He was recaptured in a toilet at a nearby private clinic.
Judge Kelly had issued a bench warrant when told Foster had failed to return to prison on remand in December after being allowed out on bail to attend his mother's funeral.
Garda Fenlon said Foster's partner claimed he was not in the house when gardai came to arrest him, but they found him hiding in a coal box.
He asked gardai to allow him bid farewell to his family, but when he bent down to kiss his own young child he suddenly produced a knife and slashed both his wrists.
His stepsons helped the gardai to disarm him. They wrapped towels around his wrists immediately and brought him to Beaumont Hospital where his wounds were stitched. He asked for treatment for his drug problem but made his escape bid from a trolley while waiting for it.
He disappeared from view for a short time but was cornered in a toilet cubicle in a private clinic. Foster was unaware the cubicle had a second door which gardai opened and he attacked them with a toilet cistern.
Garda Fenlon agreed with Mr Erwan Mill Arden SC, defending, that Foster co operated fully and made a statement about the Santry crime when arrested.
Foster had 25 previous convictions. He was first institutionalised in Letterfrack when nine years old, and later spent time in St Joseph's, Roscrea, and in Daingean. He also spent two terms in the Central Mental Hospital for psychiatric treatment.
Garda Fenlon agreed with Mr Brendan Grogan SC that despite legal advice telling him he was not obliged to say anything, Reilly insisted on making a statement of admission. He said he had drunk a lot and also had smoked heroin before the offence.
Both men said the burglary was unplanned and the victim house was a random choice. They had originally planned to steal from garden sheds and sell the proceeds to tide them over Christmas. Reilly had five previous convictions.