Two Portadown men convicted of assaulting a man who was wearing a GAA top in the Mahon Road area of the town have been sentenced.
Paul Marc Hobson (48), and Simon Millar (44), both of Fitzgerald Park, were also convicted of causing criminal damage to the man’s car.
The men were convicted, at an earlier hearing, after contesting the charges at Craigavon Magistrates’ Court.
Martin McWilliams had told that court that at 11.45am on Sunday June 23 last year he had gone to a sunbed shop at Mahon Road. He was in his car.
When he parked he saw two men sitting on a bench and said one of them said: “You shouldn’t be wearing that top around here”.
He said he was wearing a green “Mexico City GAA top”.
He said he responded: “I will wear whatever I want” and walked on in to the sunbed shop.
He said he finished the sunbed session and when he returned to his car Hobson followed him and the other man shouted “Fenian something”.
Hobson, he said, blocked him from closing the door of his car and he told him to go away.
He said Hobson just kept coming towards him and Millar tried to hit him.
Mr McWilliams said Hobson approached him with a “closed fist” and in self defence he hit Hobson in the face.
He said he ran round cars and Millar swung a punch at him and again in self-defence he struck him in the face.
He ran to his car and the men kicked and punched his vehicle but he was able to drive off.
Hobson told the court he saw Mr McWilliams approach the sunbed shop and initially thought he was wearing a Celtic top.
Regarding making a comment about the top, Hobson said: “It’s just certain areas and that’s not my feelings. If somebody was walking up the Garvaghy Road, which is a Republican area, wearing a Rangers top, I would have said the exact same thing to them ‘you are a madman’. I was laughing when I said it”.
He said he told Mr McWilliams: “You are a madman wearing that around here”.
He said Mr McWilliams responded: “What the f*ck are you going to do about it?”
Hobson denied that when the man came out of the sunbed salon words were exchanged again but said he did not hear the word “Fenian”.
He said Mr McWilliams struck him first and then had punched Millar and in response to that “we chased him around the car”.
He denied damaging the car; assaulting Mr McWilliams or using sectarian abuse.
In the witness box, Millar denied that he had called Mr McWilliams a “Fenian”.
He told the court Mr McWilliams punched him and his “nose was just busted clean open”.
Convicting Hobson and Millar at the earlier court, District Judge Michael Ranaghan said there were “credibility” issues.
He said Hobson was an “unimpressive witness” and Millar was a “far from impressive witness”.
The judge said Mr McWilliams was “a straight forward witness”.
He added: “I do believe he felt threatened following a deliberate sectarian comment and given his fear he does not have to wait to be struck before reacting and striking out in self-defence. I think his actions that day were appropriate and proportionate”.
The judge had told the defendants: “I haven’t believed you at all today”.
The cases were then adjourned to September 26 for pre-sentence reports.
Hobson and Millar were back at court on Friday for sentencing.
The court was told there was a bill of £4,768 for fixing Mr McWilliams’ car.
Defence representatives for the defendants said they maintain their innocence.
Millar’s lawyer said the defendant’s life has “unravelled” because of alcohol.
Hobson’s lawyer said it was accepted the defendant had a record and he was in breach of a suspended sentence for an offence of “violence”.
He said the defendant’s business would suffer if he was jailed.
Judge Ranaghan told the defendants: “On that particular day you picked on the wrong man. He fought back, you got the worst of it, both of you”.
He said Hobson had a “very relevant record” with “offences for violence”. Millar also had a record.
The judge said the incident at Mahon Road been “aggravated” by “hostility”.
Hobson was given a seven months prison term. He was released on bail of £300 pending appeal.
Millar was given a five months prison term, suspended for a year.
The defence said Millar’s ability to pay compensation would be limited because he lives a “transient” lifestyle on a “day to day basis” and the court was told that if jailed, it would impact on Hobson’s ability to raise compensation.
The judge did not make any compensation orders in the case.
