An Enniskillen man who disputed a taxi fare and then proceeded to assault the taxi driver has been ordered to pay £75 compensation and has been given a two month suspended sentence for three years.

The Resident Magistrate at Fermanagh Magistrates Court, Liam McNally heard how on 3rd June, a taxi driver working in the Enniskillen area picked up a number of passengers, including the defendant, James Alexander McGregor Malcomson at a bar in town.

The driver, the Court was told, was subject to verbal abuse and stopped at Erne Drive where the defendant got out. However, he then punched the driver through the window. When the driver looked back, the defendant was coming towards him again and, he drove off.

The Court heard that CCTV footage later proved the incident and the defendant was arrested for common assault, at which point he then admitted the offence. Prosecuting counsel reported that the fare was £3 and that the driver, who wasn't medically examined, sustained no recorded injuries.

Defending, Heather Phillips said that her client accepted that there was a dispute over the fare and that he believed he had been overpriced. She accepted there had been a verbal argument with the driver. She also accepted that McGregor had put his hand in the window and hit the driver in the face but she submitted that it wasn't a strike. There were no marks or injuries recorded at all.

When McNally put it to her that the taxi driver said he was punched, Ms Phillips submitted that the defendant had hit out with a flat hand in a dismissive manner, and her client accepted that his actions were out of order.

She said McGregor had been drinking all day and had a long history of alcohol in his life. She said he was on quite a lot of medication, which equated to seven or eight tablets a day and that he shouldn't have been drinking at all.

She said that while her client had not seen the taxi driver since, if he did see him, he would avail of the opportunity to apologise as he was very remorseful for his actions.

Mr McNally told McGregor that if, at the age of 60, he had not agreed to get help for his drink problems, then a probation order would be of no value to him. He said that the taxi driver was doing him a favour in bringing him home and that he had thumped him through a window, something he said must result in a custodial sentence.

For the offence, he ordered a two month prison sentence suspended for three years, and ordered him to pay £75 compensation to the driver. He also ordered a £300 fine.