Enniskillen Court House, RMGFH04
A 21-year-old Ballinamallard man who committed a ‘prolonged assault’ has been spared a prison sentence and ordered to pay £500 to his victim.
Mark Weir, of Makenny Crescent was convicted at Enniskillen Magistrates Court. The prosecutor outlined that on January 18, 2015 police in Enniskillen received a complaint from Jordan Woods, who told them he had been assaulted by the defendant on three separate occasions in the early hours of the morning.
The court heard that tensions between the pair came about following a road traffic collision in December 2013. Woods, had been the driver of the vehicle, while Weir was a passenger and was injured, along with his brother.
The first incident of assault occurred at 12.30am in the Bush Bar, Enniskillen when Weir approached the injured party on the dance floor headbutting him once on the nose with his forehead.
The two didn’t see each other again until 2am on the Diamond when the defendant initially walked past his victim, before turning around and surprising him with a headbutt to the left check. He then punched him with his fist. Friends separated the two.
A short time later the injured party was making his way down High Street towards the Crowes Nest pub when Weir followed him.
He confronted the injured party for ‘trying to kill him’ in a car crash. During the confrontation friends tried to calm the defendant down, but he again punched the injured party to his nose and then to his cheek.
The injured party suffered a nasal fracture as a result of the attack along with a small laceration inside his mouth.
Weir was arrested and when spoken to by police at the time of the incident Weir said: “I have already got him. I will get him again when you’re not watching.”
During interview Weir said he did not headbutt the injured party in the Bush Bar and claimed that he had been the victim of a headbutt in an unprovoked attack.
He admitted later in the night he did approach the victim on the Diamond. Weir said he believed Woods was going to headbutt him again, so punched him.
Defence barrister Stephen Mooney accepted the charges were “exceptionally serious”, but highlighted the history between the parties, stating it was a fact the pair had been involved in a road traffic collision, along with the defendant’s brother, who suffered “very serious injuries”.
Mr Mooney accepted there was no justification for adopting the “law of the jungle”
District judge Nigel Broderick said: “Well whatever happened in this road traffic collision it is no justification whatsoever for this prolonged assault. In no way does it justify taking the law into your own hands.” The judge said it was not without significance the incident occurred 12 months ago and there had been no repetition since. He also noted the defendant was now in full-time employment.
“Not without some hesitation” as the headbutt was an aggravating factor the district judge chose to impose a custodial sentence of six months, suspended for two years and ordered Weir to pay compensation to his victim.
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