A CIVIL SERVANT who carried out an assault on a man in a toilet cubicle at Pat’s Bar in Enniskillen over a year ago has been fined.
Aidan McElroy (37) of Primrose Hill, Clogher appeared at Enniskillen Magistrates Court on Wednesday where he pleaded guilty to common assault and criminal damage, but contested a charge of threats to kill.
The court was told McElroy had gone into a the toilets at Pat’s Bar at around 12.30am on July 30th, 2017 and assaulted Peter Phair in a cubicle. The court heard prior to assaulting Mr Phair, who did not know McElroy, the defendant had made a “slashing and “cutting” motion and said “I’ll finish you here.”
McElroy, a father-of-three with no previous convictions, also broke a leather bracelet of Mr Phair’s in the assault. Defence solicitor Stefan Rafferty argued the charge of common assault incorporated the alleged “threats”, which he described as “foolish, silly hand gestures accompanied by words.” He said they formed part of the one incident, and should be covered under the charge McElroy had pleaded guilty to.
Mr Rafferty added afterwards both men left the toilets at the same time, and the pub at the same time, and Mr Phair had not had to “flea in fear.”
Having taken time to consider the issue, District Judge Michael Ranaghan said as the assault took place after McElroy made the slashing motions, the charge of common assault would cover the offence. He said he would consider the threats an aggravating feature in sentencing.
Mr Rafferty handed in two references for McElroy, who he said had been out with his family on the night of the incident and had later fallen in with some friends. He said the assault had been out of character and he was unlikely to be back before the court again.
Judge Ranaghan said he had no doubt Mr Phair had been terrified. He fined McElroy a total of £350 for both charges. He also ordered him to pay Mr Phair, who the court was told will be pursuing a separate personal injury claim, a total of £330 compensation, including £30 for his broken bracelet.
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