CCTV images of the attack were played to the court room where the defendant could clearly be seen head-butting the victim
A 30-year-old Enniskillen man has been jailed after he launched an “unprovoked attack” on a man he accused of harassing his family for years, Fermanagh court has heard.
Manus Paul Carty, of Ballaghmore Heights, was jailed for five months and ordered to pay £500 in compensation to his victim after he pleaded guilty to assault occasioning actual bodily harm.
The court heard how the pair have a poor history and the attack stemmed from incidents over a long period of time.
CCTV images of the attack were played to the court room where the defendant could clearly be seen head-butting the victim causing him to fall back against the shop counter.
It then shows the victim, Glenn Gallagher, sitting in his car when Carty opens the door and tries to punch him a number of times.
A prosecutor explained to the court that the incident happened on March 2, earlier this year, at around 2.30am.
The victim was standing at the till in the 24 hour service station when the defendant, who was already in the shop, started shouting abuse at him. Carty went over to the tills and head-butted the man and knocked him to the floor.
The victim left the shop and got back into a car when Carty tried to punch him three times in the face and asked him to come out and fight with him but he refused to. The court heard that the victim suffered swelling to his eyes, neck and lip as well as injuries to his nose which required surgery.
During police interview he said he could not remember the incident and when shown the CCTV images, he stated that he did not know if it was him and that the pair could have bumped into each other.
After asking for a solicitor, Carty admitted it was him on the footage.
Defence barrister Steffan Rafferty stated: “He accepts full responsibility for this. What’s not clear from the CCTV, but was referred to in the defendant’s and injured party’s statements, is that they have a chequered past.
“The defendant and his family have been victims over an extended period of time.
“Mr Carty has ignored a lot of what has happened and indeed avoids him and his family at all costs.
“The years of harassment from the injured party and his family has come to a head. He does not in any way excuse that for his actions – it’s to put a bit of background to it.”
District Judge Nigel Broderick commented: “He is a man of violence as he has three previous offences of assaults.”
However, Mr Rafferty added: “You will see the dates were within six or seven months of each other in 2003. But he’s a very changed man since then.
“He has matured considerably since then and has had an eight-year-old daughter who is a big part of his life.
“He is annoyed at himself for taking a long standing dislike, and mutual dislike, and letting it manifest itself in this way.”
However, Judge Broderick referred to the probation report which he says suggests Carty almost justifies what he did as he is as much a victim as the injured party is.
He told Carty that he recognises the essential role he plays in his daughter’s life but that he also has to recognise this is a serious assault.
“I’m prepared to accept there is a change of character but I can’t ignore the unprovoked assault.
“As if the head-butt wasn’t enough but you continued the assault and went to his car and tried to punch him. The custody threshold has been crossed.”
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