Street view image of the forecourt

Man blew kiss at rival, which led to car park fistfight

20 Nov 2024, 09:21 by David Forsythe · Irish Mirror

A fistfight between two men in a busy petrol station car park has resulted in both of the accused being given suspended sentences for assault.

Court presenter Inspector Paul Aherne said that the incident occurred on September 15, 2023 at 1.30pm in the carpark of the Centra shop and filling station in Spa Glen, Mallow, Co Cork. The court heard that Bryan Hammond, 30, of Coolanarney, Millstreet, Co Cork was sitting in his car in the carpark with his partner waiting to collect her daughter from the primary school across the road.

The court was told that Jamie O’Donovan, 32, of Steeple View, Buttevant, Co Cork who had previously been in a relationship with Mr Hammond’s partner parked his car near Mr Hammond’s car. In a statement Mr Hammond said that he had his window slightly open when Mr O’Donovan walked past him, blew him a kiss and said "you’re next."

In his statement Mr O’Donovan said that he was going into the shop to buy cigarettes. He admitted blowing a kiss at Mr Hammond but denied saying anything. He said: "it isn’t a crime to blow a kiss."

CCTV footage of the incident was shown to the court. The footage shows Mr O’Donovan walking close to Mr Hammond’s car who then exits the vehicle and the two men become involved in a fistfight. Mr O’Donovan also kicks out at Mr Hammond’s car. The court was told that that no significant injuries were sustained by either party as a result of the altercation.

Mr O’Donovan said that Mr Hammond caught him by the throat and he couldn’t breathe. He said that he acted in self-defence and believed his life was in danger. Mr Hammond said that Mr O’Donovan was shouting and roaring and added that "he booted the front of my car."

Insp. Aherne said that the car park was busy with people coming and going at the time and parents and children were leaving the primary school that was directly across the road. David O’Meara, solicitor for Jamie O’Donovan said that his client admitted the incident was "utterly stupid" and "should never have happened." He said that Mr O’Donovan was in a new relationship and wanted to leave the matter in the past. Charles O’Connor acting for Mr Hammond said the other party had provoked his client but Mr Hammond also stated that "it should never have happened."

The court heard that Mr O’Donovan had previous convictions for threatening and abusive behaviour and drink-driving and had received the benefit of the probation act relating to an assault. Mr Hammond had one previous conviction for the possession of illegal drugs.

Judge Colm Roberts said: "They both squared up to each other like a pair of teenagers and in public. There were two of them in it acting like maggots." The judge said that there was no element of self-defence on either side and he found the facts fully proven. He added: "I will have to convict them both, it’s just too serious. If I could get them to take a course in yoga or zen meditation I would, though I doubt it would make any difference."

Jamie O’Donovan was convicted of assault and sentenced to four months, suspended for two years with the affray charge taken into consideration. A charge of criminal damage was dismissed. Bryan Hammond was convicted of assault and given a three-month sentence suspended for two years with the affray charge taken into consideration. Both men were ordered to have no contact with each other and placed under the supervision of the Probation Service for one year. Recognisance in the event of an appeal was fixed in their own bond of €500, €250 required in cash.

Sign up to the Irish Mirror's daily newsletter here and get breaking news and top stories direct to your inbox