Man who helped set fire to apartment with children inside is jailed

Eimear Dodd

A man involved in setting a fire outside an apartment where an infant and a small child were sleeping has been jailed for two and a half years.

Anthony Kavanagh (44) purchased a bottle of petrol and poured it outside the front door of the apartment in Inchicore, Dublin 8 on August 15 last. Another unidentified man ignited the fire, Dublin Circuit Criminal Court heard.

Kavanagh, of Elmville, Harolds Cross, Dublin 6, told gardaí he had been informed the flat was unoccupied. He said he was asked by another person to do it because of a drugs debt and was told he would also receive drugs.

He became upset when he was told a nine-week-old baby, a two-year-old, their mother and uncle were in the apartment at the time.

Kavanagh came forward on signed guilty pleas to arson and criminal damage by having a bottle of petrol in his possession, intending to use it or permit another to use it to damage property

Detective Garda Mark Kelly told Sarah Connolly, prosecuting, that when gardaí arrived at the apartment complex, the occupants of the affected apartment were already outside.

The primary occupant later told gardaí that she remembered seeing a flash of light through the glass windows at her hall door. She grabbed her children and gave them to her brother, getting all three of them onto the balcony at the back of the apartment.

She used a fire extinguisher on the front door and the frame, while her neighbours helped to put out the fire on the balcony using a fire blanket. Extensive damage was caused to the front door and hallway, and photos were handed into the court.

The woman also told gardaí she saw a plastic bottle outside the front door and panicked as she was terrified for her children.

She had to leave the property along with her children in the aftermath. She declined to provide a victim impact statement.

CCTV showed Kavanagh buying a bottle of petrol at a nearby petrol station a few minutes beforehand. The court heard a partially melted bottle found outside the apartment matched a bottle Kavanagh bought and filled with petrol.

Kavanagh was arrested in late September and was cooperative. He has 102 previous convictions, including for public order, theft and fraud, assault and road traffic offences.

Det Garda Kelly agreed with John Fitzgerald, defending, that his client told gardaí he was a chronic drug user, who had been using crack cocaine and sleeping tablets.

It was also accepted that Kavanagh was put under pressure, and his role was to buy the petrol and pour it on the ground.

The garda also agreed that Kavanagh said it was a stupid decision, was remorseful and apologetic during interview.

A letter of apology, a GP letter and other documents were provided to the court.

Fitzgerald said this offence was “more grave to a considerable degree” compared to his client’s previous offending, noting his previous convictions were indicative of someone experiencing serious addiction issues.

Kavanagh started to smoke cannabis at 14 and began to smoke heavily and gamble in his late 20s, before turning to harder drugs.

He had a difficult background with his mother dying when he was six and his father going into prison when he was 10 years old.

He has some work history but lost his job and later became homeless. Counsel said Kavanagh is prescribed anti-psychotics and has attempted self-harm.

Fitzgerald said his client built up a debt through gambling and drug use and was then asked to carry out this task. He said his client thought no one was there and did not set out to intentionally harm anyone.

He said Kavanagh has partially engaged with supports and he asked the court to structure a sentence which will allow his client to fully engage with services upon his release.

Imposing sentence, Judge Sinéad Ní Chúlacháin said, having viewed the photos of the damage caused, it was “quite clear this was a very serious arson attempt”.

The judge said Kavanagh was “very lucky” that the victim was so quick-thinking and the court didn’t think it was mitigating that “you weren’t aware people were there”.

She said the court accepted Kavanagh was somewhat vulnerable and under pressure, but noted he was also going to profit by receiving drugs.

The judge said she had considered Kavanagh’s “tragic circumstances”, his early guilty pleas and his expressions of remorse.

She handed him a sentence of three and a half years, with the final 12 months suspended on strict conditions for two years.

The judge said the court wished to give Kavanagh an opportunity to rehabilitate and engage with drug treatment and other supports. She placed him under the supervision of the Probation Service for two years post-release.