Enniskillen Courthouse
A 25-year-old Enniskillen man who is accused of biting another man’s ear and punching him because he had allegedly smashed a window at his home has been handed a suspended prison sentence, Fermanagh Court has heard.
Dominic McGoldrick, of Cleenish Park, pleaded guilty to common assault when he appeared before Enniskillen Magistrates Court and received a three month prison sentence suspended for 18 months.
A prosecutor told the court that on February 11, this year, at around 10pm, police went to the house regarding a disturbance. Upon arrival the police officers spotted two men, one of whom was McGoldrick, running down a street.
The officers could see the defendant pursuing the other man who was trying to run away, the pair then slipped and fell to the ground.
The officers went to speak to the pair when the victim, Paul Moran, told officers that McGoldrick had bitten his ear as a result of a previous incident.
On February 12, police interviewed the accused when he admitted striking the man with his fist. He told officers that he chased him down the hill and they both fell on the ground as it was slippy.
The court was told that Mr Moran didn’t suffer any injuries.
Defence barrister Stefan Rafferty question whether Mr Moran had been bitten as there were no visibly injuries.
He continued: “It’s stated that the defendant had bitten the ear of the injured party, however, there was no evidence to substantiate this claim. There were a series of punches but no injuries were sustained by the injured party. During police interview the defendant made admissions himself without hesitation.
“In the absence of that I would struggle to see how the matter would have gone forward without statement of complaint or injuries.
“It’s clear he was the victim of a crime immediately prior to this incident which then came to the attention of the police. The injured party is known to your worship.
“In relation to the incident referred to in the report, the defendant had his window smashed and you sentenced Mr Moran to a number of months and on other similar matters in the local community.
“In what happened the defendant’s actions were purely reactionary. He was the victim of a crime and he wanted to prevent anything further from happening. He went beyond what he should have done and confronted him and the two exchanged blows and he made admissions to this.”
District Judge Nigel Broderick said: “He has a poor record and is no stranger to custody. Whatever your issues with the injured party there’s no excuse to take the law into your own hands.
“Given the fact you gave a plea and didn’t and didn’t contest this no injuries to the injured party, I will give you a suspended sentence.”
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