Man is jailed for throwing boy (11) against window

A BUSINESSMAN was sentenced to five months in jail after flinging an 11-year-old boy against the plate glass window of a sandwich shop following a minor row over splashed water.

Niall Scully (43) received the prison term after he was convicted of assault at Galway District Court – but is appealing the severity of the sentence.

Scully, of Bluebell Woods, Oranmore, Co Galway, was charged following an incident on the street outside a popular sandwich bar in Galway on September 22, 2016.

The 11-year-old boy, who cannot be identified for legal reasons, was playing outside the shop and apparently accidentally splashed the man with water as he walked by.

A dispute arose with the defendant, who was aggrieved at being splashed.

The boy’s mother said that, without warning, the man lifted the boy off the ground and flung him against the shop window.

The boy was left shocked and frightened at the scene.

Gardaí investigated the matter and examined CCTV security camera footage from a business premises at the scene.

The boy had vehemently denied suggestions he had spat at the man, or had deliberately splashed him to provoke him.

The court took the view that the CCTV camera footage largely endorsed the boy’s version of events.

“It was absolutely appalling what he did to a child,” the boy’s mother said.

Affected

Judge Mary Fahy was given a detailed victim impact statement which had been prepared by the boy.

“I have been hugely affected ... since this happened,” the boy wrote.

“I left soccer and stopped going outside.

“At night I would get out of bed not being able to sleep and having to wake my mammy ... or to get mam to sleep beside me.

“The stress that this has put on my mam and me and my family has been horrendous. I no longer felt safe in the home we lived in.

“I want him to leave us alone and for us to be happy again,” he added.

“My mam has been so sad since all of this.

“I always blame myself saying if I didn’t tell my mam (what happened) none of this would be happening.

“(But) my mam told me I done the right thing by telling her and it is not my fault.”

Despite pleas from defence counsel for her to handle the matter in a non-custodial manner, the judge imposed a five-month prison sentence.

The businessman immediately lodged an appeal with the matter now set to come before Galway Circuit Appeals Court.

The defendant was released from custody pending his appeal, which is likely to be heard in mid-2018.