Judge condemns assault at Kerry restaurant as an ‘absolute disgrace’
The KerrymanA man has been sentenced to six months in prison for assaulting a woman who tried to stop him from leaving a Chinese restaurant without paying in a small town in north Kerry.
A man, identified as his younger brother, who rushed over and threatened to beat the woman with a stick, was also convicted.
Martin Mongan (47) of 88 Clancy Park, Ennis, Co Clare, appeared at Tralee District Court on a charge of non-fatal assault. His brother, Patrick Mongan (20), of the same address, entered a plea for production of an article capable of inflicting serious injury.
The court heard that Martin Mongan was asked to pay for his meal at Mochi Chinese Restaurant on Church Street, Tarbert on December 6, 2023.
“He failed to do so,” said Sergeant Chris Manton.
He was leaving when the female proprietor tried to stop him.
It was alleged he “struck the female proprietor in the face”.
In court, Patrick Mongan smiled as allegations against his elder brother were read out.
Judge David Waters reacted with shock.
“You struck a nearly 60-year-old woman because you wanted to leave a restaurant without paying for food?” he asked.
There was bruising underneath her cheekbone, the court heard.
Patrick Mongans, who was in a car outside, subsequently “ran across the road, produced a meter long stick” said Sgt Manton.
He began to strike and threaten the woman, the court heard.
The elder brother had 49 previous convictions, including one for an assault in Ennis from September 2023 for which he received a custodial sentence.
“So, he’d only been just out of prison?” asked Judge Waters.
The younger brother had seven previous convictions.
The attack was an “absolute disgrace” said the judge.
“How can a man who is just out of prison for assault…avoid a prison sentence?” he asked.
Solicitor Padraig O’Connell acknowledged, “It was one blow and it should never have been struck. It’s fully accepted that she did suffer.”
He noted Mr Mongan had a young family and the absence of their father at this time of year would be “a considerable punishment”.
Patrick Mongan, he said, had saved €1,500 as a token of remorse for the victim, of which €1,000 was already paid and €500 could be paid in future.
“This woman was only trying to make a living for herself,” said the judge.
He sentenced Martin Mongan to six months.
“And even that is light,” said the judge, noting he would have refused jurisdiction had he known the full circumstances.
In the younger brother’s sentencing, the judge observed most people would try to stop the assault.
“Instead, he decides to make matters worse and jump in,” he said.
He was given a five-month sentence, suspended for two years.
“If he comes before me for any offence related to violence assault or public order, I’ll have no difficulty to unsuspend that sentence,” warned the judge.