A 26-year-old Lisnaskea man faces 240 hours of community service, a two year conditional discharge and has been ordered to pay £250 compensation after he assaulted a man and came before a recent sitting of Fermanagh Magistrate's Court.
Resident Magistrate Liam McNally heard how on the 9th June last year, Barry Lavelle from Trasna Way assaulted John Williams with a small wooden baseball bat. He also broke a window in Mr William's home and was ordered by the court to pay £45 to the Housing Executive for its repair.
Defending, Liam Barr, BL, told the court that his client was a very hard working man who had always been in constant employment. He said he was not part of the group where the incident was initiated and was at home when he got a call from his brother Daniel claiming he had been assaulted by Mr Williams. It was then that he got involved. Mr Barr submitted that the weapon used was an 18" baseball bat which was a souvenir. His client had pleaded guilty to all charges and offered his apologies. Mr Parr handed in a number of references in support of Lavelle.
Mr McNally said these were serious charges where the defendant had assaulted a man with a baseball bat. He submitted that it was fortunate that there were no serious injuries. He acknowledged that Lavelle believed the injured party to be partaking in anti-social behaviour but said it was no reason to take the law into his own hands, the consequences of such could have proved fatal.
He said he would consider Lavelle's clear record, his guilty plea and the fact that his remorse was genuine. He said the references spoke very highly of the defendant and a probation report concluded that he was a hard working man and that it was out of character for him to take the law into his own hands and act in a violent manner.
Following a contest in relation to the same incident Mr McNally found Daniel Lavelle from Lettergreen Road, Donagh, guilty of assaulting John Williams and causing criminal damage to a car belonging to Evelyn Elliott.
For the assault, he was fined £350 and ordered to pay £350 compensation. For damaging the red Vauxhall astra car, he was fined £300 and was ordered to pay £25 compensation.
A third man, Eamon Keaney from Derryree, Nuttfield Road, Lisnaskea was found guilty of damaging the same car and ordered to pay a £300 fine and a £25 compensation fee.
Going over the evidence, Mr McNally recalled how both defendants, bricklayers by trade, had denied being at the said location and having input in the offences before the court.
Mr McNally said he was convinced of their guilt, adding that they had told lies. He convicted them accordingly.