A Bulgarian man who left his victim with “catastrophic, life-changing and life-limiting injuries” following a row at a shop in Keady has walked free from court.
Apostol Apostolov, 36, of The Square, Newtownhamilton, pleaded guilty to grievous bodily harm in September after an altercation at a shop in Keady.
Newry Crown Court today (Wednesday) heard that on April 28, 2023, the victim was assaulted so badly that he was conveyed to the Royal Victoria Hospital by Air Ambulance.
His Honour Judge Paul Ramsey KC referred to a statement from the owner of the shop, who said that Apostolov had entered around 10am to purchase cigarettes.
The victim in the case later entered the shop in a “very agitated state,” complaining that Apostolov had parked his car badly outside.
Apostolov left the shop, followed by the victim, who had his “right fist clenched” and was agitated with Apostolov.
The two men appeared to have an argument outside the shop.
Apostolov appeared calm, before the victim struck him to the face with a punch from his right fist, shouting: “Which way is that to f***ing park a car”.
At this point the defendant did not appear to react, with the witness stating that Apostolov appeared like he was trying to calm the situation.
Apostolov had parked his car in a manner that was obstructing the shop’s coal bunker, and the victim had parked his car with the front bumper almost touching the rear of Apostolov’s vehicle.
Apostolov was observed to step back from the victim, who then punched him a second time to the face.
Apostolov moved his car slightly forward, and after doing so, got out to examine the vehicle for damage, which the victim denied.
The victim then put two bags of coal in his car, and was shouting at Apostolov while doing so.
The defendant then approached the victim and punched him to the face.
The victim then fell to the ground and appeared to hit his head. The statement said that it “looked like he was unconscious from the moment he was punched”.
Apostolov then stood over the victim and was seen to grab his clothes and pull him off the ground, before punching him in the face in what was described as a “full swing”.
Apostolov then left the scene and drove off at speed. The victim’s mother, who was present and “severely distressed”, called for an ambulance which arrived a short time later.
There were four witnesses to the incident who provided a description of the assailant.
Apostolov was later arrested, making no admissions at interview prior to pleading guilty to the charge.
Judge Ramsey said that Apostolov originally faced a charge of inflicting grievous bodily harm with intent, which he pleaded not guilty to.
Following discussions between counsels, a lesser charge of grievous bodily harm was added, which Apostolov admitted. The original charge was subsequently left on the books.
The case was then adjourned for reports and the plea of mitigation was heard last week, with the Judge adjourning sentencing to reflect on the submissions.
Judge Ramsey read out two statements from medical professionals, which recounted, in detail, the “catastrophic, life-changing and life-limiting injuries” that the victim faced, alongside the serious impact this has had on his life and the lives of his family.
The pre-sentence report said that Apostolov, who has been in Northern Ireland since 2015, had opted to stay permanently due to the better quality of life and prospects for his children.
He was described as a man who is “devoted to his family,” who had a “good upbringing” and someone who has worked since he was 16, currently maintaining a job in Dungannon.
The report stated that Apostolov acknowledged the “devastating and lasting impact” that his actions will continue to have on the victim of his family.
Apostolov said that due to the language barrier, he didn’t understand what was wrong on the day in question and fled the scene after becoming “overwhelmed” when he discovered the victim unconscious.
Having no previous convictions for violence in Northern Ireland, or Bulgaria, he was assessed by probation as being a low-risk of reoffending.
Judge Ramsey determined that the custody threshold was “clearly passed” in the case.
The court also heard a victim impact statement from a family member, who detailed the hardship she had faced and the level of injury caused to the victim and the impact this has had.
Prosecution remarks stated that while “the first strike could be argued as the use of force in self defence, the second strike went beyond that and therefore the plea was welcome in this case”.
On passing sentence, Judge Ramsey said he would take a number of factors into account. These were: the defendant’s contention that he didn’t intend to inflict serious injury; the plea of guilty to the charge; his limited criminal record; and his expression of remorse.
Judge Ramsey added that the defence had indicated that Apostolov took “full responsibility” and has “been haunted by his actions ever since the incident”.
He said: “You became involved in a confrontation with the injured party. As a result, you responded, and as your counsel acknowledged, you went further than necessary to reasonably defend yourself.
“That fateful decision led to a devastating and long-lasting consequences for the victim and his family.
“The charge that you have pleaded guilty to, and which has been accepted by the prosecution, is one that recognises you did not inflict these injuries with the intent of causing grievous bodily harm.
“While the custody threshold is clearly passed, it is not a case in my view where there should be an immediate custodial sentence.”
Apostolov was sentenced to two years in custody, suspended for three years.
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