Eniskillen court house
AN ENNISKILLEN man who pleaded guilty to kicking another male who was passed out on the ground has been given a three month prison sentence suspended for three years.
23-year-old Christopher Ellis, of Ashbourne Manor, Chanterhill, was charged with assault occasioning actual bodily harm and possession of a weapon.
CCTV images of the incident revealed a drunken Ellis kicking Roger William Breen as he lay “unconscious” on the ground as well as picking up a bar stool, although it was not clear if it had been used to injure the victim.
The court heard that both Ellis and Mr Breen were so drunk after drinking over 12 bottles of beer and vodka that neither could remember the incident.
The prosecution outlined to the court that on April 1 at around 11pm, police officers were called to the bar following a report of an incident.
Staff members pointed out a male who was lying at the rear of the bar who appeared to be unconscious.
Police were given a description of what Ellis was wearing and his appearance and, following a search of the area, they found the defendant.
As the officers questioned Ellis, he told them: “I can’t believe this is happening, I told him to leave it but he called me a fat b*****d.”
CCTV images of the incident showed Ellis kicking Mr Breen and picking up a bar stool, but the images were unclear and police could not determine if the defendant had used the stool to hit his victim.
It also showed the defendant raising his arms in the air to attack him but it was not clear if he had made impact with Mr Breen.
The evidence was put to the accused and he admitted the offences.
Ellis was then charged with the offences following an interview at a local police station.
His defence barrister, Heather Phillips told the court her client is employed by a local engineering firm but works in Cardiff. His instructions to her were, ‘he does not know how the fight started’.
Ms Phillips said: “The victim stated that he had taken over 12 bottles of Budweiser and vodka and couldn’t remember being assaulted. He had to be told by other people that he was attacked.
“Mr Ellis had also taken a significant amount of alcohol. If it wasn’t for the CCTV, which is significantly unclear, no one would remember what happened.”
She asked the court for credit to be given to Mr Ellis for admitting to the offences.
The images, she submitted, did not show the impact of the stool or his feet making contact with the victim.
She added: “It’s all speculation but, certainly the injuries are not serious and, apart from his black eye there are no other marks on his body.
“They are not consistent with this type of attack.
“It is totally out of his character and he hasn’t been reported before. He dedicates himself to his work and apologises for what he did and couldn’t believe he got himself involved with this.
“He doesn’t know how the fight started.”
District Judge Austin Kennedy gave the accused credit for his early plea and said: “I have listened to the background of this case, and the first thing I have to say is that a person who kicks someone on the ground can expect to go to prison.
“A lot of deaths occur while someone is being attacked while they are lying on the ground.
“The man sustained a nasty injury. If you stamped on his head he could have had a more serious injury.
“I am told this is out of character, but this is a nasty record.”
Judge Kennedy handed down a three month prison sentence, suspended for three years.
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