Wednesday 7 December 2016

Waiter who attacked ex-boyfriend on street - stubbing cigarette out on his face - avoids jail

Andrew Phelan

Published 15/01/2016 | 16:02

Djair Carlos De Oliveira has been given a suspended sentence for assault causing harm and harassment of his ex-boyfriend. Photo: Courtpix
Djair Carlos De Oliveira has been given a suspended sentence for assault causing harm and harassment of his ex-boyfriend. Photo: Courtpix

A WAITER who attacked his ex-boyfriend in the street, stubbing a cigarette out on his face, has avoided jail for assault and harassment charges.

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Djair Carlos De Oliveira (27), a student nutritionist, also bit into his ex’s wrist and tried to stab the man’s new partner with a kitchen knife in the street.

He persisted in contacting the victim after they broke up, demanding answers as to why he ended the relationship.

De Oliveira went on to continue harassing him with text messages while on bail.

The accused had been “bereft” at the split, and “took it extremely badly” when his ex started a new relationship, Dublin District Court heard.

Judge Dermot Dempsey today gave him a one-year suspended sentence and ordered De Oliveira to have no contact with the victim and stay away from his home and workplace. Suspending the sentence for two years, he also fined him €100.

De Oliveira, a Brazilian national with an address at Dublin’s North Circular Road, pleaded guilty to assaulting his ex-partner at Chancery Hall Apartments, Blackhall Place on October 30, 2013, and producing a kitchen knife in a dispute at Blackhall Place on January 23 this year.

He further admitted harassing the victim at various locations between June 3 and August 24, 2014 with hundreds of missed calls and text messages.

He harassed the victim again between June 16 and September 7 last year, making phone calls and sending text messages to the victim, questioning his relationship status.

Defence solicitor Declan Fahy said his client was happy to abide by the conditions.

Previously, a garda sergeant told the court: one of the texts read: “Why can’t you answer me? I am going to destroy your life, I am going to Facebook your family.”

The sergeant said the victim and his new partner were exiting a Spar shop when the accused grabbed him, refused to let go and “quenched his cigarette out” on his face, under his eye.

The victim’s statement read that De Oliveira “bit me on the left wrist, which drew blood.”

In the attempted stabbing, there was a scuffle in which De Oliveira pulled a knife with a four-inch blade out of his jacket pocket and “went for” the victim's new partner.

The accused tried to stab him, making a jabbing motion. The victim’s new partner managed to get the knife out of his hand.

De Oliveira had come here three years ago, was in college and hoped to become a nutritionist.

“He accepts his behaviour was entirely inappropriate,” another defence solicitor Yvonne Bambury had said. “He felt genuinely bereft and upset at the loss of the relationship.”

The accused, who had since been diagnosed with OCD, apologised. He had had some alcohol taken at the time of some of the events, Ms Bambury said.

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