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 - Thu, Feb 15, 2007

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Check below to read Court Stories

Total Stories: 50          Published: Thu, Feb 15, 2007



19-year old assaulted barman as he was leaving work

Dwayne Moohan, from Lover's Lane in Enniskillen, was ordered by the RM at Fermanagh Magistrates Court to complete 100 hours of community service, and spend the next year on probation, for his part in an assault on Karol Phair, then a barman at the Enniskillen Gaels Social Club.

The Resident Magistrate, Eamonn King, told Moohan, "You approached him (the injured party), and asked him what his problem was. But it wasn't him who had the problem, it was you."

Mr King went on, "You have a problem controlling your temper, and there are certain triggers which set it off, especially when you have indulged in alcohol. You have to learn to handle that. If you don't, you will very quickly find yourself in custody."

The sentence was imposed on the 19-year-old for his part in an assault on barman Karol Phair, who was leaving the Enniskillen Gaels Club in the early hours of the morning in December 2005.

PUNCHES

The court heard that Moohan approached Mr Phair and said, 'Have you got a problem?'. He then went to punch the injured party, who pushed the defendant away. However, Moohan continued throwing punches at Mr Phair.

Mr Phair, who received a number of injuries from the assault, told police that he knew Moohan only as a customer in the bar that he worked in. He said that he had never had any problems with the defendant.

When questioned, Moohan said that the injured party had approached him, making references about a dispute between Mr Phair's brother and the defendant. However, Mr King said that he did not accept this version of events.

Sentencing, Mr King told Moohan that he was imposing community service and probation, due to the fact that the defendant already had an 18-month suspended sentence hanging over him.


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