09 Aug 2022

Tipperary courts: man gets suspended jail after breaking assault victim's wrist

Tipperary courts: man gets suspended jail after breaking assault victim's wrist

Tipperary courts: man gets suspended jail after breaking assault victim's wrist

A man who assaulted another man and left him with a broken wrist has been given a suspended jail sentence by Nenagh Court.

Abdelheek Bentabia, with an address at Tullaheady, Nenagh but who is now living in Dublin, denied assaulting Alan Moloney at a house in Nenagh on August 17, 2019.

Mr Moloney said he arrived in Nenagh on August 16 to visit a friend who had returned home after a month abroad.

After they met, they bought two bottles of wine and returned to her house.

During the evening Mr Bentabia, a former boyfriend of his friend, arrived.

Mr Moloney said that Mr Bentabia poured vodka and Red Bull into a pint glass and drank it. He then went outside for a cigarette and when he was outside a message came in on his phone.

Mr Moloney said his friend checked Mr Bentabia’s phone and didn’t like the message. When Mr Bentabia returned, she asked him to leave, which he did.

However, Mr Bentabia returned during the night and was banging and shouting at the door. The woman let him in eventually so as not to disturb the neighbours and to calm him down.

Mr Moloney said Mr Bentabia called him “a f***er*” and “a b*****d” and went upstairs.

Mr Moloney followed him and at the top of the landing Mr Bentabia made to grab the woman. Mr Moloney stepped in and Mr Bentabia grabbed his wrist and twisted it, causing it to break.

Mr Moloney said he was leaning over the banisters and Mr Bentabia punched him into the nose. His blood ended up on the walls and on the carpet.

Mr Bentabia went downstairs to the kitchen and then went to leave. Mr Moloney told him they were phoning the gardaí and tried to make Mr Bentabia stay by offering him a cup of tea.

He said he was off work over his injuries.

Under cross-examination by solicitor Johnny Spencer, for Mr Bentabia, he said that he had not struck Mr Bentabia but had pushed him back while he was being hit.

Garda Sandra Gartland said she went to the house on the morning of August 17 and met Mr Moloney and his friend. Mr Moloney said he had been attacked.

She later interviewed Mr Bentabia and he claimed he had been acting in self-defence.

Mr Bentabia told the court that the reason he had returned to the house was because he had left his keys there. He denied he was shouting outside the door.

He said Mr Moloney was aggressive towards him and had punched him on the neck, which was how he broke his wrist.

Mr Spencer said that his client would be relying on self-defence for his actions.

Judge Patricia Harney convicted Mr Bentabia, saying it had been a “terrifying experience” for Mr Moloney and his friend.

She jailed Mr Bentabia for three months, but suspended it for 12 months in his own bond of €100.

Recognizance were fixed in Mr Bentabia’s own bond of €100.

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