Youth jailed for breaking woman's arm in racist attack

Chris Donegan • Published 19 Nov 2009 09:00

An 18-year-old man has been jailed for six months for breaking a 49-year-old woman's arm with an iron bar during a racist attack.

The teenager was among a gang of seven drunken youths chanting Nazi slogans who went on a racist rampage in the Drumbeg housing estate in Enniskillen, assaulting members of a Latvian family and smashing up cars belonging to them and their friends.

His Honour Judge McFarland said it was with some regret that he was jailing the boy but he felt the case was so serious as to warrant a custodial sentence and he wanted to ensure the message went out that such attacks on foreign nationals "will not be tolerated".

The 18-year-old, who cannot be named because he was only 17 and a juvenile at the time of the attack, admitted unlawfully and maliciously causing grievous bodily harm to the 49-year-old woman and assaulting her 25-year-old daughter, causing her actual bodily harm.

He sat in the dock alongside a 15-year-old schoolboy who admitted damaging a car belonging to a Latvian man.

The court heard that he was so drunk at the time he had no recollection of committing the offence.

The judge said licensees in Enniskillen will have to look to their responsibility in respect of how young people are getting hold of alcohol.

Dungannon Crown Court heard that as a result of the attack the Latvian family fled their home in fear but are still living in Northern Ireland.

The prosecuting counsel, Mr. Robin Steer, told the court that on October 25, last year, the 49-year-old woman had visitors and around 1am was standing outside her home watching for a taxi that was coming to collect them when she saw a youth attacking one of their cars. He jumped on to the bonnet and began kicking the windscreen. Six other youths appeared and a "melee" ensued. The 18-year-old man attacked the woman with an iron bar. She asked him: "Why are you doing this?"

Mr. Steer said the woman tried to ward him off using an umbrella but he struck her and fractured her arm. When her 25-year-old daughter came out to protect her the 18-year-old hit her with the iron bar and lacerated her arm. He was shouting racial abuse, telling them to "f--k off home".

The court heard that members of the gang yelled "Heil Hitler", gave Nazi salutes and shouted: "Hitler didn't kill enough of you". They called the Latvians "smelly tramps" and accused them of taking their jobs. They also claimed: "You can't do anything to us because we are Irish."

Mr. Steer said the prosecution was clear that race was a factor in the assaults and it was a crime aggravated by hate.

The 18-year-old's defence barrister, Mr. Jim Gallagher, told the court he had a limited criminal record with a conviction for criminal damage when he was 13 and a caution for possession of a knife. From reading the pre-sentence report by the probation officer there was no doubt that he had a "particularly difficult and traumatic" upbringing and was unhappy for a number of years. Unfortunately both his parents had alcohol problems.

Mr. Gallagher said the 18-year-old accepted his behaviour on this occasion was "disgraceful", particularly the racial remarks he made.

The lawyer said there seemed to be resentment towards this group of foreign nationals from the perception that they had recently moved into the area and all of them seemed to have "newish" cars.

"That seemed to be the initiating factor rather than their race per se," stated Mr. Gallagher.

He said the 18-year-old was not with the initial group but arrived to find an altercation taking place and joined in. He arrived when another member of the group was being beaten and misinterpreted why that was happening. He apologised to the injured parties and regretted his "very hot-headed behaviour".

He realised the serious aspect of the case was the remarks he made. He seemed to have made them in a state of intoxication and the heat of what was happening. He no longer drinks nor associates with a negative peer group.

Mr. Des Fahy, the barrister representing the younger boy, said that at the time he had just turned 15 and was associating with youths up to three years older than him. He was suffering from "extreme" behavioural and educational problems and was "susceptible and vulnerable to negative peer influence".

The lawyer said the boy conceded he was significantly intoxicated and became part of this group outside this house and kicked and damaged the rear of a car.

"The level of drunkenness would give the court concern, given his age," Mr. Fahy suggested.

The judged asked where the 15-year-old got the alcohol.

He was told a group of boys had been drinking together in the home of the 18-year-old's mother and they were all under-age.

Mr. Fahy said the 15-year-old was adamant he was not actively engaged in any kind of racial abuse and did not make derogatory remarks about the people in the house.

"He doesn't admit to any negative feelings towards any other nationals living in this community," added Mr. Fahy.

The lawyer pointed out that the boy had spent 173 days in custody in relation to the offence, the equivalent of a 12-month sentence, but a "happy spin-off" of his time in the detention centre was that he has "made progress far beyond what anyone could have expected".

The judge said it was a serious case of victimisation. He accepted that the two teenagers were "very drunk" but in his view the comments they made "show an underlying hatred".

He told the youths that to some extent they achieved their aim because the family had to move out of the estate.

"They were clearly innocent," he stated.

He told the 18-year-old that given the nature of the attack, particularly that it was a hate crime and that he armed himself with an iron bar and used it to attack two fellow human beings, he would deal with it by way of a custody probation order. He sentenced the teenager to six months in a young offenders' centre followed by 12 months on probation.

As the 15-year-old had already served a lengthy time in custody he was given a 40-hour community response order.

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This article appeared in Impartial Reporter 19 Nov 09

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