Alex Crumlish (25) of MacNean Court, Belcoo appeared at Enniskillen Magistrates Court on Monday charged with assault causing actual bodily harm following the incident which he has no memory of on August 6 last year. 

 

The court heard how at approximately 2.40am police were called to a fight at the Devenish Bar in Enniskillen. While on their way they were flagged down by Jason Stewart, who said he had been assaulted outside the bar and had an injury to his left eye. Mr

Stewart said he had been head-butted in what was an unprovoked attack. 

 

When arrested Crumlish, who was heavily intoxicated and had a cut to his hand, said “I didn’t start it.” He was interviewed again the following day, when he had no recollection of the circumstances leading to his arrest. 

 

Crumlish returned for another interview at a later date, where he was showing CCTV footage showing him head-butting Mr Stewart without being provoked. When asked if he agreed it was him in the footage he said “it must be me” and apologised for his actions.

 

Defence barrister Joe McCann said the incident was a serious matter and said Mr Stewart had been standing outside a local fast food outlet when he was assaulted. 

 

Mr McCann explained Crumlish had previous entered a not guilty plea and the case was listed for contest not because he disputed the incident happened, but on a legal issue regarding whether the offence, which left Mr Stewart with a black eye but no underlying issues, constituted common assault or assault causing actual bodily harm. 

 

Referring to the positive aspects of a pre-sentence report from probation services, Mr McCann said Crumlish knew he should not have assaulted Mr Stewart, and claimed he was now at low risk of reoffending due to the fact he had completely given up alcohol since the incident. 

 

He added Crumlish was a father of two young children, one who is only three-weeks-old. 

 

Deputy District Judge Peter King said there were two reasons why the offence warranted a custodial sentence. The first because the attack was unprovoked, and the second because it involved a head-butt. He said the only question was whether he should suspend the sentence or not. 

 

Pointing out Crumlish had eight previous convictions, Judge King said he accepted the contest was on a technicality and said he would give him credit for entering a guilty plea. He sentenced Crumlish to six months in prison, suspended for two years, and ordered him to pay £500 in compensation to Mr Stewart.