A man who pleaded guilty to striking two teenagers for throwing stones at his house avoided a conviction for assault in the District Court this week (January 19 ) after the judge agreed with the defendant’s solicitor that there were racial overtones in the actions of the boys.
“Many might think that 14-year-olds carrying on like this deserve a good box, but I couldn’t possibly say that,” said Judge Davis Anderson, before handing down the Probation Act to Michael Oyedeji (42 ), of Brawney Square, Athlone.
The court had earler heard how gardaí were called to the estate at around 7pm on September 5, 2009 after complaints from the injured parties, who were both named in court but whom the Advertiser chose not to disclose, as these tensions have since died down in the neighbourhood.
“The defendant heard stones banging on his window. He ran outside and confronted the two youths. He caught one, and the second one came back, and he slapped him in the face,” said Inspector Nicholas Farrell.
Defending solicitor, Michele Mellotte, who had earlier told the court of her client’s reluctance to plead guilty to the more serious assault charge (causing harm ) “on account of some racial tension”, explained how her client was a married man with five children, who had been 10 years in Ireland.
“This [September 2009] was a bad period when he was being spat at, and having stones thrown at him in the neighbourhood,” said Ms Mellotte, who went on to say how Oyedeji had a child in his arms in the living room when the third stone hit his window.
“He is taking it extremely seriously,” said Ms Mellotte.
“Thankfully we saw no residue of temper from this short outburst,” she said.
“Explain to him, Ms Mellotte, that in the modern world you can’t do this,” said the judge.
“It was just a bad period in that housing estate and he took the brunt of it,” said Ms Mellotte.
Judge Anderson accepted this and, hearing Oyedeji had no previous convictions, handed down the mildest punishment available.
