'Racist assumptions' made by father and son who attacked man in Offaly
The judge in Tullamore accused a father and son of making racist assumptions after hearing how they had pursued a man who had been on their property.
A JUDGE accused a father and son of making racist assumptions after hearing how they had pursued a man who had been on their property.
Dawid Ostasz (23), Derrybeg, Edenderry and his father, Wojiech Ostasz (44), Cloncannon, Edenderry, pleaded guilty at Tullamore District Court to charges arising from an altercation at Georges Bridge, Drumcooley, Edenderry on June 2 last year.
Appearing before Judge Andrew Cody, both admitted assaulting Mark McDonagh, causing him harm, and Wojiech Ostasz pleaded guilty to producing an axe in the course of a dispute.
A charge against Dawid Ostasz of causing fear in Mark McDonagh by producing a large stick covered in black tape was withdrawn by the prosecution.
Sergeant Justine Reilly said the prosecutions arose after gardai received a report about a number of males fighting at a location in Edenderry and they recovered a large stick and other items.
The allegation was that Mark McDonagh received a cut to the top of his head which required his attendance at a hospital accident and emergency department and he received stitching and stables.
Neither of the accused men had previous convictions, Sergeant Reilly told the court.
Marc Bairead, solicitor defending both men, said Dawid Ostasz was in full-time employment and his father was on a disability payment.
Mr Bairead set out a “back story” where Mr McDonagh arrived at the defendants' property to pick up a truck.
While he was there he began making enquiries about a car he thought the accused men had for sale.
That was not the case at all, said Mr Bairead, and his client asked the other man to leave the property immediately and subsequently called the gardai.
They decided to get into a car and follow Mr McDonagh in his pick-up truck and the altercation occurred when they caught up with him.
Both sides involved in the dispute sustained injuries said the solicitor, and his clients said a baseball bat with tape wrapped around it was produced by Mr McDonagh.
They accepted that their pursuit of the man was ill advised and they should not have done it and they were sorry for doing so.
However, they had been suspicious and there had been a history of items being missing from their property.
They had decided to apprehend Mr McDonagh and they called the gardai for assistance.
Mr Bairead said one of his clients sustained bruises and injuries to his hand and these injuries were caused by a hammer.
Wojiech Ostasz received a broken nose from the hammer, along with bruises and an ankle injury and had to attend at Mullingar Hospital.
Neither of the defendants had previous convictions and were not used to an event like this, said Mr Bairead.
They were very sorry, a melee had broken out, and they had both brought €500 to court as compensation.
Judge Cody remarked that a man had been hit with a baseball bat and the two accused were “a bit short” with €500.
Mr Bairead said Wojiech Ostasz was a man who did not earn much and had three children, two of whom were still dependent.
The assaults were not premeditated or planned and it was an incident that just got out of hand.
Judge Cody said the father and son had made racist assumptions and decided to pursue the victim.
Mr Bairead repeated that his clients had sustained significant injuries. He also said an axe had not been used and added that they would have another €1,000 in compensation if given another three months.
Judge Cody said there were “racist overtones” in the assault and an assumption had been made that Mr McDonagh “was there to rob” and the father and son then decided to chase him.
To avoid receiving prison sentences Dawid and Wojiech Ostasz must pay €3,000 in compensation before May 1, 2024.
Judge Cody remanded both men on continuing bail to appear in court again on that date.