A “talented musician” with a record contract who struck an 11-yr-old boy on a Dart train has been handed an 18-month suspended prison sentence.
Dublin Circuit Criminal Court heard that Bakuani Diasivi (26) punched the boy while travelling between Sydney Parade and Lansdowne Road stations, reports Breaking News.
The incident occurred after Diasivi’s partner had been arguing with the boy’s older sister, leading to a physical altercation between the two women before Diasivi became involved.
Diasivi, of Cardy Rock Crescent, Balbriggan, Co Dublin, pleaded guilty to affray on July 2, 2024. He was on bail for another offence and already serving a suspended sentence at the time, reports Breaking News.
On Tuesday, Judge Orla Crowe said it was “hard to understand how a situation could break out on a Dart in relation to people who were travelling into town, but it did and he got involved.”
She noted Diasivi struck the boy, and it was “fortunate” the child did not suffer more serious injuries, reports Breaking News.
Having considered the facts and Diasivi’s personal circumstances, the judge decided to give him “one final chance”, imposing an 18-month sentence suspended on strict conditions.
The court heard that during a previous sentencing hearing, Diasivi and his partner boarded the Dart at Booterstown, sitting near the boy, his sister, and their mother. They were speaking in Polish and laughing.
At some point, Diasivi turned to the boy, asking, “what the fuck are you looking at? what are you laughing at?” His older sister intervened, saying, “Is there something wrong with you? He’s only 11,” and an argument broke out between her and Diasivi’s partner, reports Breaking News.
Diasivi’s partner threw a punch at the boy’s sister, and a physical altercation ensued. Diasivi then became involved and punched the boy in the face.
Other passengers intervened, and gardaí were called when the Dart stopped at Lansdowne Road station. Diasivi waited for them and spoke with the officers.
Gardaí observed redness on the boy’s face and scratches on his sister’s face. CCTV captured interactions before the assault but not the punch itself, the court heard, reports Breaking News.
When interviewed voluntarily, Diasivi admitted to punching the boy, claiming he believed the child had attempted to hit his partner.
Diasivi has 24 previous convictions, including 13 for road traffic offences, nine for public order offences, and one drugs offence. No victim impact statement was submitted, reports Breaking News.
Counsel for Diasivi said he did not direct the initial comment at the boy and only became involved after the violence had begun, which was unrelated to him.
Diasivi’s partner is due to give birth shortly, and he will need to care for their infant while she is in hospital. He works part-time and is described as a “talented musician” with a record deal, reports Breaking News.
Counsel emphasised Diasivi had no previous convictions for violence and expressed regret for his actions. He also brought €1,000 to court as a gesture of remorse, which the boy’s family agreed to accept.
Judge Crowe ordered that the €1,000 be handed to the investigating garda to pass to the boy’s family.
She also directed Diasivi to appear at Balbriggan District Court on March 5, when a prosecution application under Section 99 of the Criminal Justice Act 2006 will be considered, to determine whether any part of the suspended sentence he was serving at the time should be activated, reports Breaking News.
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