A troubled man who violently attacked a security man by headbutting and punching him has been ordered to stay away from a city centre shopping centre, to take no substances except his medication, and to co-operate with the HSE.
Imposing a seven month suspended sentence at Galway District Court last Monday Judge Mary Fahy warned Niall Mullin to abide by the conditions of a two year suspension or the court would take a more serious view.
The 29-year-old with an address at 34 Arbutus, Renmore, pleaded guilty to being intoxicated in a public place, threatening and abusive behaviour, and assault of Lukasz Kmiecik causing him harm on March 14, 2008, at Corbett Court Shopping Centre.
Inspector Sean Glynn told the court that at 6pm there had been a number of complaints from members of the public regarding the defendant. Security staff caught him shouting and when approached Mullin headbutted one of them in the forehead and lip. The injured party fell back and then got a “fist in the face and stomach”. Inspector Glynn added that the injured party, who “did not hit him [the defendant] at any stage”, sustained a cut to the lip as a result of the attack.
Defence solicitor Adrian MacLynn said that his client could not offer any excuse for his behaviour except that there were words exchanged. He said that Mullin has “considerable difficulties” and has been in hospital since June 2008. Mr MacLynn then handed over a medical report.
Inspector Glynn said that Mullin had previous convictions which include a fine for assault in March 2007, Probation Act for public order offences in December 2005, and Probation Act again for assault causing harm in December 2003.
Referring to the medical report, Judge Fahy noted that the defendant had added to his difficulties himself by taking substances. Mr MacLynn replied that his client was taking only medication now. The court then heard that the HSE were hoping to put Mullin in supervised accommodation within the next fortnight.
“If he is adding to his difficulties with the voluntary use of substances then the court will take a very serious view,” warned Judge Fahy who then imposed a total of seven months suspended for two years on condition that Mullin be placed on his own bond of €300.
The conditions of this bond include to be of good behaviour, stay away from Corbett Court Shopping Centre, Eyre Square, take all prescribed medications, take no other substances, and that he co-operate with the HSE and enter into their supervised accommodation as soon as possible. A fine of €100 with three months to pay was also imposed.
