Magherafelt man who struck ex-girlfriend's partner with pickaxe handle placed on Probation
A south Derry labourer who struck his ex-girlfriend’s new boyfriend with a pickaxe handle during an exchange of belongings, has been placed on Probation for two years.
District Judge Conor Heaney told the 31-year-old that he had actively considered imposing a period of custody given the use of the weapon which had severely aggravated the offence in the eyes of the court.
Before Magherafelt Magistrates Court was James Thomas Irons, of Toberhead Road, Magherafelt, who was convicted of two counts of common assault and unlawfully having in his possession an offensive weapon, the pickaxe, with intent on March 1 last year.
Judge Heaney also imposed a £350 fine with a £15 offender’s levy in respect of the offensive weapon charge, and put in place for two years a restraining order preventing Irons from contacting the female victim.
The court heard a contest hearing had previously taken place which Irons failed to attend, and he was convicted in his absence on the strength of three short phone videos that showed the incident.
Prosecuting counsel said at 9.20am, police received two separate reports of an incident which occurred outside an address at Toberhead Road, Curran.
She said the female injured party alleged that she and her boyfriend had been attacked by her ex-boyfriend, Irons, who was holding a pickaxe.
The lawyer said Irons alleged that he had been assaulted.
Counsel said the defendant and the injured party had met to exchange belongings and she alleged Irons had refused to let go of the bag.
The prosecutor said Irons alleged he was tackled by the boyfriend and brought to the ground where he put his legs around his neck making him lose consciousness.
He also alleged that the female had kicked him and he had grabbed the pickaxe to defend himself.
The female told police that Irons had pushed her against the wall in the driveway, and when her boyfriend went to defend her and wrestled him to the ground Irons struck him with the handle of the pickaxe.
Counsel said the boyfriend was not injured and added that the female showed video footage of the incident to police.
A defence lawyer said Irons had been at his home address and had not sought out this incident which had “evolved into something of a different nature”.
He said the defendant had been assaulted and had some injuries, and thankfully no injuries had been caused to anyone but Irons.
The lawyer explained that Irons had moved past the offending portion of his life to a new more stable portion.
He is planning to take up a labouring job in England “to keep a roof over his head and his father’s”.
Counsel said he was now in a better place and wanted to engage with the Probation Service.
Opposing a restraining order, he pointed out that there has been no contact with the victim since this “unpleasant incident” which had not resulted in an ongoing feud.
Prosecuting counsel told the court that the female victim had asked for a restraining order.