A COUNTY Limerick man who headbutted a car salesman after his wife bought a ‘defective‘ car from him will have to carry out community service in order to avoid a prison sentence.
Gerry McDonagh, aged 49, of Fanningstown, Fedamore pleaded guilty to assaulting the salesman on October 23, last.
Judge Eugene O’Kelly was told the incident happened at a dealership in the city and that the salesman’s skin was broken as a result of the assault.
While he was bleeding, there was no evidence that the salesman required medical treatment in hospital following the incident.
Solicitor Ted McCarthy said his client’s wife had bought a car from the dealership a few days earlier after she received an inheritance.
“The vehicle proved to be defective and he returned to the garage and sought a refund, which was not forthcoming,” he said.
Mr McCarthy said an argument ensued during which there was “tooing and froing”.
He said McDonagh headbutted the salesman after he “took exception to what he believed was an insult” and that he “deeply regrets” his actions.
After Mr McCarthy sought to submit documentation supporting his client’s contention the car was defective, Judge O’Kelly commented that if that was the case, there were “extensive avenues” open to McDonagh and that “headbutting the garage owner was not one of them”.
He added that McDonagh could also have availed of consumer protection legislation.
The judge said the defendant is a man who lost his temper and “clearly cannot control his actions”.
After being informed that McDonagh is attending counselling and is actively seeking work, Judge O’Kelly said he would consider a community service order.
He said his 200 hours is the appropriate tariff and he adjourned the case to September for a Community Service report.