A YOUNG Lisnaskea man who became involved in a scuffle in kebab shop after a St Patrick’s Day night out has been given a conditional discharge.
Ethan McManus (19) of Mountview Drive, Lisnaskea appeared at Enniskillen Magistrates Court on Wednesday charged with assault occasioning actual bodily harm and disorderly behaviour on March 18th 2018.
The incident refers to a punch being thrown by two males and a ‘scuffle’ breaking out at Bombay Spice, Lisnaskea after a night out in which a female became involved and was injured.
The young man was charged with assault occasioning actual bodily harm, but the defence argued there was insufficient evidence to convict the defendant on the offence of assault.
After viewing CCTV District Judge Michael Ranaghan said he could not find any evidence to convict on the assault offence, and dismissed the charge.
Referring to the victim, Judge Ranaghan states she got involved as a ‘good Samaritan’ and he believed there was no transferred malicious.
Judge Ranaghan convicted McManus of disorderly behaviour.
Defence solicitor Myles McManus said this was McManus’ first time in court, and the incident took place during the early hours of March 18th, the defendant had been out for a night out on St Patrick’s Day and had consumed alcohol.
Mr McManus said the defendant was regretful about the incident but accepts he must face the music adding that other parties were involved in the incident, but he is the only person being prosecuted out of the incident.
Judge Ranaghan said that he saw the CCTV of the incident which shows the defendant trying to distance himself from the incident but became involved again, but added that the offence was at the lower level of the scale for disorderly behaviour.
Judge Ranaghan sentenced McManus to a one year conditional discharge.
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