The judge at Fermanagh Magistrates Court has said that if he “stayed his hand” in sentencing a 31-year-old man found guilty of common assault, he would send the wrong message entirely.

Richard Slattery, of Main Street, Ballinamallard appeared via video link at Enniskillen Courthouse on Monday charged with common assault following an incident on December 21, 2017.

The court heard that on the night in question police were called to a disturbance at Lakeside Service Station on Queen Street in Enniskillen.

When officers arrived they observed the defendant being restrained by a number of males, one of them being an off duty police officer.

It was the friend of the off duty police officer who had been assaulted.

CCTV seized from the service station showed that while in the shop, a woman slipped in water and was assisted back to her feet by the defendant.

The footage shows the injured party standing behind Slattery and the female in the queue with Slattery asking the injured party if he had seen the incident.

The injured party responded by saying he did not see what had taken place which agitated the defendant who appeared to have his fists clenched and had to be calmed down by the female.

When the injured party was leaving the shop, Slattery followed him outside and punched him twice in the back of the head.

The 31 year old made no comment when interviewed.

Slattery’s solicitor, Michael Fahy said the offence was on the lower end of the scale and that no medical assistance was required.

Mr. Fahy said his client was “keeping his head down” and that he had not come to the attention of the police or court since March 2018. He added that the co-accused in the case was the more principal offender.

District Judge Michael Ranaghan said he had to take into account Slattery’s record as well as all that was said on his behalf.

Judge Ranaghan sentenced Slattery to a two month custodial sentence.