Derry man convicted with common assault after city centre altercation
District Judge Barney McElhom convicted Ben Sweeney (22) saying he didn't 'believe a word Sweeney says'
A man has been convicted at Derry Magistrates Court with common assault in the city centre.
Ben Sweeney (22) of Spencer Road in Derry was charged with the offence that occurred on April 23 last year.
The victim in the case, told the court that he had been walking along the Strand Road when Sweeney, who was with a group of others, went to punch him.
He said the defendant also attempted to elbow him but it did not connect.
The witness then said Sweeney called him a number of derogatory terms.
The man said he then crossed the road and called 101.
The court heard that while he was on the phone, Sweeney came over and attacked him again, causing him to fall forward and sustain several minor injuries, including a grazed nose and chipped tooth.
The attack also caused the breaking of the injured party's daughter's phone screen.
While on the ground the witness said he grabbed Sweeney's hand and bit his finger. Sweeney then shouted 'you're dead' and 'you're a tout'.
The witness emphasised several times that he was not looking for Sweeney to go to prison, he was simply looking for an apology, saying 'nobody deserves to be treated like this'.
The court then heard a recording the 101 calls and Sweeney could be heard shouting in the background.
Sweeney's own statement, read by defence solicitor Paddy MacDermott, claimed that he had dropped money when he was approached by the injured party and asked 'are you still slabbering?' before picking up the money himself.
The solicitor said that Sweeney claimed that he only followed him to get his money back but the injured party described this version of events as 'absolute fiction'.
District Judge Barney McElhom convicted Sweeney said that he didn't 'believe a word Sweeney says', nothing that he had a relevant suspended sentence for common assault from March last year.
The witness said that Sweeney 'doesn't deserve' to go to prison but Judge McElhom said he 'doesn't deserve anything'.
A pre-sentence report was requested and Sweeney will appear again on April 19 for sentence.