A shopkeeper who punched and kicked a man after knocking him to the ground because he claimed he had spat at the car he was travelling in is to be assessed for community service rather than a jail sentence.
Justin Johnston (27) of Ros Álainn, Blessington, Co Wicklow was convicted by a jury of assaulting Robert White, causing him harm on November 8th, 2003, in Saggart, Co Dublin.
Johnston, who also has addresses at Dunmore Crescent, Tallaght and Griffin Lane, Lucan, was remanded on continuing bail so that he can be assessed for his suitability for community service.
Judge Patricia Ryan said at Dublin Circuit Criminal Court that she had taken into account that Johnson had never come to the attention of the Garda before and had a good work record.
Garda John Paul Carroll told Caroline Cummings BL, prosecuting, that Mr White was walking down the road when a Black Renault Clio pulled up beside him and Johnston, a passenger in the car, called him "a scumbag" and "a wanker".
Mr White continued to walk on, but the driver stopped the car and reversed back in his direction before Johnston jumped out and lunged at him.
He punched him in the face three or four times knocking him to the ground and continued to punch him in the head, kick him in the side and spat in his face.
The driver then got out and pulled Johnston off Mr White, while a third man tried to grab Mr White's phone.
Gardaí arrived a short time later and Mr White got into the patrol car. After driving around the area he pointed out the Clio and identified Johnston.
The driver stopped the car and told gardaí he was sorry for what had happened. He said he had just picked up the other men. Mr White was taken to hospital where he had a cut to his ear and swelling to his face.
Johnston later claimed to gardaí that Mr White spat at the car and that he deserved the attack.
Damien Colgan BL, defending, said his client took over a lease of a corner shop in Tallaght two years ago and he looked like "he had a good future". He said he was of previous good character.