Assault accused gets ten-month suspended sentence and is banned from Supermac’s

A Rahoon man who punched a stranger in a unprovoked attack in Supermac’s has been banned from entering any of the fast-food restaurant’s outlets in the city and given a 10-month suspended sentence.

To add insult to injury Tomas Welby, who pleaded guilty to threatening and abusive behaviour, obstruction, and assault causing harm, came into Galway District Court on Monday with his pockets empty, claiming that he had no money to offer as compensation. However, when Judge Mary Fahy gave an ultimatum he was suddenly able to come up with €500 within an hour.

Inspector Ernie White told the court that on February 13 this year, at 3.30am, gardai on patrol had been approached by a man who complained that he had been assaulted. The injured party, who had blood streaming from his nose and face, identified Welby as being the person who had struck the blow. When gardai approached Welby (21 ), of 86 Claremont Park, he attempted to flee the scene and when gardai caught up with him he then resisted arrest. The inspector added that the injured party had been punched and as a result had a swollen and tender lip but there were no fractures.

Defence solicitor Olivia Traynor said that her client had been arrested not far from the scene and that he apologises for his actions.

The 24-year-old injured party told Judge Fahy that he and Welby had not known each other before the incident. Describing the incident he said: “I was in Supermac’s, I bumped into his girlfriend and may have said something she might have been offended by. Before I knew what was going on he assaulted me”.

Judge Fahy was then told that Welby had brought no money to court despite being told by his solicitor to have money to offer as compensation. “He comes into court with one arm as long as the other,” said Judge Fahy to which Ms Traynor replied: “He now tells me that he will try to come up with the money”. Welby then explained that he is due to receive a rental deposit of €500 back next week.

“You think that [the €500] is enough? He doesn’t give a rattling damn,” said Judge Fahy who added that Welby has money to go out drinking. She then ordered Welby to get €500 during lunchtime. “I think you need a short, sharp shock,” she said.

When the case resumed, Ms Traynor informed the court that her client had managed to get €500 which was handed to the injured party, who said that he intended to give it to charity.

“The galling thing is he came here without a penny yet when it was put up to him he was able to get €500 within an hour. I don’t know where he got the idea this wouldn’t be treated seriously,” said Judge Fahy before imposing a nine-month jail sentence for the assault charge which was then suspended for two years. A further one-month sentence, to run consecutively, was imposed for obstruction while a two-month sentence, to run concurrently, was imposed for the remaining charge; these were also suspended on the same terms. The conditions of the suspension was for Welby to be of good behaviour, stay away from all Supermac’s in Galway city, and to stay away from and have no contact with the injured party.

 

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