AN ENNIS pensioner bit and scratched a traffic warden during the course of an assault arising from the warden issuing a parking ticket.
At Ennis Circuit Court yesterday, Marcus Kelly (68) of Hermitage, Ennis, appeared in connection with the assault of Ennis traffic warden, Martin Ryan at Arthur’s Row, Ennis, on July 11th, 2008, contrary to Section 2 of the Offences Against the Person Act.
Mr Kelly was initially convicted in the district court of the assault where he was fined €250 and was yesterday appealing the severity of sentence.
Garda Michael Sweeney told the court Mr Kelly bit Mr Ryan on the ribcage and scratched his face during the altercation.
Counsel for Mr Kelly, Elaine Power, said Mr Kelly approached Mr Ryan as he had felt very aggrieved over Mr Ryan issuing a parking ticket to Mr Kelly’s wife, who is disabled.
Ms Power said the incident was out of character for Mr Kelly.
Judge James O’Donohoe said: “Biting and scratching someone during the course of their job is very serious.
“It may have been out of character for the man, but he cannot resort to physical violence. It doesn’t resolve these problems.”
Ms Power said that the bite arose as Mr Ryan was lying on top of Mr Kelly during the altercation and Mr Kelly couldn’t breathe and couldn’t be heard and that is why he bit the traffic warden.
Ms Power told the court that Mr Kelly scratched Mr Ryan’s face as Mr Ryan was holding him up against the wall by his throat.
Ms Power said Mr Kelly has no previous convictions and his wife suffers from a degenerative muscular disease and is a wheelchair user, while he also is the full-time carer for his disabled 14-year-old daughter.
Ms Power said Mr Kelly had a pension of €162 per week and was of limited means. State solicitor Martin Linnane said Mr Kelly was a man of excellent character.
Ms Power said that Mr Kelly had a sister living in the US who suffers from a serious heart condition and was concerned about the impact a conviction could have if something happened to her.
The judge said that traffic wardens had an unenviable job and he would look on the case sympathetically if there was an apology from Mr Kelly.
After a short adjournment, Ms Power told the judge that Mr Kelly and Mr Ryan had shaken hands outside court and Mr Kelly had apologised for his actions.
The judge said that in view of the apology made and the two serious burdens Mr Kelly has, he would impose the Probation Act, striking out the fine and applauded Mr Ryan for his Christianity in shaking hands with Mr Kelly and accepting his apology.
Yesterday, a statement from Ennis Town Council after court stated that it “deems it wholly unacceptable for any member of the public to engage in threatening or abusive behaviour towards any staff member”.
