A man who kicked and smashed the rear window of a taxi in an attack with a “serious racist undertone” was fined €450 and ordered to pay further compensation.
At Galway District Court last week David Bajer (26 ) with an address at 137 Cluain Riocaird, Headford Road, appeared before Judge Mary Fahy charged with assaulting Mr Chinebu Obasi and to damaging the rear view of his Opel Zafira, causing €541.10 of damage, at Forster Street on September 8, 2009.
Inspector Ernie White told the court that at 2am Mr Obasi had been driving his taxi on Forster Street where the defendant and another man had been walking on the footpath. The man accompanying Bajer then kicked the taxi. When Mr Obasi got out of the taxi to enquire why his vehicle had been kicked he was told “We do not like black people”. The defendant then swung a kick and smashed the rear window. The taxi driver held onto Bajer until the gardai arrived. Inspector White added that there was a struggle during the arrest.
Defence solicitor Adrian MacLynn said that his client had been with a friend who had already been before the court in relation to the incident. Mr MacLynn said that Bajer had been drinking a lot and that there was no doubt that the motivation behind the attack had a “strong racist undertone”. He added that Bajer apologised for his behaviour and has already given €550 compensation for the damage to the car.
Mr MacLynn said that Bajer, who has no previous convictions, has been working for nearly five years in a retail firm. He said that Bajer has had time to reflect and accepts his actions were “uncalled for”.
“It’s bad enough he damaged the car and assaulted this man but there is a very seroius racist undertone. If he leaves the court today feeling that he just got a slap on the wrist I will fail in my duty,” said Judge Fahy. Mr MacLynn replid that Bajer has not come to Garda notice and asked Judge Fahy to give the defendant a chance.
When asked by Judge Fahy the injured party, Mr Obasi, said that he accepted that the defendant was sorry for his actions.
“He is taking a very Christian attitude to this,” said Judge Fahy who then informed the defendant he will have to come up with further compensation. The case was given a short adjournment. Later that day, Mr MacLynn informed Judge Fahy that €300 had been obtained to offer as compensation.
Judge Fahy said that regarding the criminal damage she would not be marking it with a further fine as the defendant seemed to be remorseful, had a good job, and had apologised. The €300 compensation was then handed to the Mr Obasi. For the assault Bajer was fined €450 with three months to pay.
“I hope he never gets involved in anything like this again,” said Judge Fahy.
