A judge has given a man, who has 69 previous convictions and helped a murderer by trying to set fire to the victim's body, "a further chance" by jailing him for a year instead of reactivating the two suspended years of his sentence after he was convicted of criminal damage.
Ms Justice Siobhan Lankford said on Monday that although Matthew Cummins (29) had already been given a chance in a “really serious matter”, he had made an effort undertaking courses and being of good behaviour in prison and for a time upon his release.
In September 2021, Cummins was released from prison having already served seven years in custody and was told by sentencing judge Mr Justice Michael White that he was getting a second chance.
He warned Cummins not to offend again and added: "You have an opportunity now to lead a life away from crime, so take it."
The State had today sought the reactivation of the suspended portion of the sentence of nine years in prison with the final two suspended imposed by Mr Justice White.
Murder
Cummins had admitted his role in the murder of Thomas ‘Toddy’ Dooley (64) at the victim's home in Edenderry, Co Offaly, in 2014.
Matthew Cummins was 19 when he entered through a window at Sr Senan Court in the early hours of the morning on February 12th 2014, with two friends, James Davy and Sean Davy.
Mr Dooley was used to having young visitors at irregular hours and sat and drank with the intruders before Sean Davy struck Mr Dooley eight times over the head with a baseball bat.
Mr Dooley was described during the trial as a "defenceless" elderly man who had done nothing to provoke the attack.
All three men were initially convicted of murder in 2016 but Cummins and James Davy had their convictions overturned in 2021, when the Court of Appeal found there was no evidence that the two were involved in a joint enterprise with Sean Davy to murder Mr Dooley.
The court instead substituted their murder convictions with convictions for impeding the apprehension of Sean Davy.
Cummins admitted that he was responsible for the burn marks that were found on Mr Dooley's legs and the armchair in which he was sitting. He had tried to set fire to the body to destroy evidence.
Cummins and James Davy were re-sentenced in September 2021 to serve nine years’ imprisonment with the final two years suspended for the substituted offence of impeding the apprehension of an offender.
The sentences were backdated, meaning that Cummins and James Davy had served their sentence in full and were released with the two-year suspended sentence in operation.
James Davy (32), of Thornhill Meadows, Celbridge, Co Kildare and Cummins, of Churchview Heights, Edenderry, Co Offaly, admitted they were in the room when Mr Dooley was murdered but maintained they were not involved in a joint enterprise with Sean Davy to murder Mr Dooley.
Appeal
The three-judge appeal court found that they were guilty of a "reprehensible" attempt to cover up what had happened by burning the body and disposing of the baseball bat and bloodied clothing.
Sean Davy (28) of Clonmullen Drive, Edenderry, has already failed in a bid to have his murder conviction overturned and is serving a life sentence.
At the Central Criminal Court on Monday, Detective Garda Joseph Bradley of Edenderry Garda Station told Kevin White BL, prosecuting, that Cummins was sentenced at Tullamore Circuit Criminal Court on December 5 of this year for criminal damage to an apartment block door in Edenderry in May 2022.
Mr White told Ms Justice Lankford that by the time Cummins was sentenced at Tullamore Circuit Criminal Court he had 69 recorded convictions.
Mr White said the “triggering offence” was that of criminal damage in Edenderry on May 29th last year, when Cummins and another man forced the door of a couple’s apartment in the town, claiming they were looking for a third man who had gone out with Cummins' partner.
The couple told Cummins that they had no knowledge of the man being sought before the two men left, only to return again and demand to know where this third man was.
Previous sentence
Cummins and the other man were caught on CCTV. Cummins pleaded guilty to damaging the door and was sentenced to two-and-a-half years’ imprisonment with the final year suspended on December 5th last.
Seoirse Ó Dúnlaing BL, for Cummins, said his client had originally admitted trying to dispose of the items in an effort to destroy evidence of the murder of Mr Dooley. However, his plea to this was rejected by the prosecution, who pursued the joint-enterprise charge of murder.
Mr Ó Dúnlaing said that regarding the criminal damage charge no threats or violence had been used against the occupants of the apartment.
Counsel said Cummins has the promise of work when released and that he was “ashamed and apologetic” for his criminal behaviour.
Mr Ó Dúnlaing said his client had “spiralled out of control” after witnessing Mr Dooley’s murder which “profoundly affected him”. Counsel said Cummins had engaged with various institutions throughout his life and from a very young age.
Counsel said Cummins had completed courses in prison and was involved in Gaisce and Red Cross programmes.
Mr Ó Dúnlaing said his client appeared by video link at his December 5th sentencing because he was giving a talk to other inmates and had “great enthusiasm for helping others on his landing”.
Counsel told Ms Justice Lankford that his client had been trying to better himself while in jail and asked that the full suspended sentence not be activated.
Ms Justice Lankford said she would revoke the two-year suspension and substitute a one-year jail sentence.
“I think he deserves a further chance,” said Ms Justice Lankford, who noted that the fact that Cummins was in front of the court at all “was frankly somewhat depressing”.
Ms Justice Lankford said Cummins had already been given a chance in a “really serious matter” but said Cummins had made an effort undertaking courses and being of good behaviour in prison and for a time upon his release.
Ms Justice Lankford then backdated the one-year jail term to December 5 last with no portion of the sentence suspended.
By Paul Neilan
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