Man appealing jail sentence for punch in head

Man appealing jail sentence for punch in head

20 June 2018

A DOWNPATRICK man is appealing a five-month prison sentence for punching a man during a fight.

At the local court on Thursday, Sean Paul Fitzsimmons (22), of Saul Street, was convicted of assault causing actual bodily harm.

Fitzsimmons was observed by a police officer punching a man while a crowd looked on in the Donard Park area of Newcastle on September 3 last year.

The police officer said the victim was on sitting on the ground at the time of the assault.

“I ran towards the men that were fighting,” he told the court. “I saw one of the men on his backside, his hands above his head, trying to defend himself from being hit. I saw a man punch him three times to the face…three uppercut punches.”

He said he identified and arrested Fitzimmons, who responded: “I know the craic.”

Another police officer, who reported seeing a man being kicked on the ground by people in the group as they drove up to the scene, recognised the injured party. He said the man had cuts and bruises which he photographed.

A prosecutor told the court that the defendant made ‘no comment’ police interviews.

Fitzsimmons did not give evidence at Thursday’s hearing. His barrister claimed there was no direct evidence to link his client to the assault, or to identify the victim.

The barrister said the details of what happened that day were not known and suggested Fitzsimmons could have been acting in self-defence.

District Judge Amanda Brady disagreed. “He didn’t make a case of self defence,” she said. “I am satisfied the prosecution have made a case. I do take an adverse inference by his refusal to give evidence.”

She sentenced Fitzsimmons to five months in prison. Bail of £200 was granted for appeal. The bail was referred to as ‘technical’ by the court as Fitzsimmons remains remanded custody on another matter.