A taxi driver, who assaulted a security guard after his car was clamped, has failed to persuade the Court of Appeal that his trial was unfair because the jury’s subsidised lunches meant they “dined with the State”.
Rejecting Feliks Andrianov’s appeal against his conviction on Monday, Mr Justice Peter Charleton said that the submissions made “defy sense”.
The incident in question involved an “enraged attack” on a person “fulfilling a difficult duty”, the judge said.
He said Andrianov had demonstrated “no insight” into his behaviour and “no empathy” for the victim he had attacked and harmed.
RM Block
The judge said on “no rational analysis” could the fact that jurors were provided with tea and coffee and a “modest voucher” to keep their energies up at lunchtime be perceived as creating bias.
Andrianov (55), who represented himself, had argued that his actions were a “proportionate response to an unjust clamping enforcement” and that the trial judge displayed a bias towards him by making him view bodycam footage of the assault.
Following his trial at the Dublin Circuit Criminal Court in July last year, Andrianov, of Corduff Green, Blanchardstown, Dublin, was unanimously found guilty of assault causing harm at McDonald’s restaurant, Dublin Airport on July 5th, 2019. He denied the charge and has no previous convictions.
He was sentenced by Ms Justice Elma Sheahan in November 2024 to 18 months in prison, suspended for 18 months.
At the sentencing hearing, Gda Paul Murphy gave evidence that the injured party Michael Norris, who was working at the McDonald’s restaurant located across from Dublin Airport, saw a taxi driver park his car and leave the area to go to Circle K.
Signs stating that cars parked in the location would be clamped were posted throughout the area.
Mr Norris proceeded to clamp the vehicle, before Andrianov returned to his car and was informed that the car park was for McDonald’s customers only. Mr Norris then turned on his body cam. The court heard that Andrianov looked down at the body cam, put his hand over it and instigated an altercation by grabbing Mr Norris.
The security worker noticed that his left shoulder was injured, and he was unable to move it. He was treated at Beaumont Hospital, with an X-ray showing he had a dislocated left shoulder.
During questioning, Andrianov told gardaí that he had been struck first by the security guard. Gardaí obtained CCTV and the body cam footage, which showed that the security officer did not hit the taxi driver.
