Thursday 29 September 2016

Customer punched kebab shop worker after his order was delayed

Andrew Phelan

Published 09/05/2016 | 17:33

Shane Nolan (28) also smashed a glass panel on the door
Shane Nolan (28) also smashed a glass panel on the door

A KEBAB shop customer punched a staff member in the face and smashed the door in a row over delays in being served, a court heard.

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Shane Nolan (28) was unhappy with the wait for his kebab when he demanded a refund and the dispute "kicked off", a court heard.

Judge John Cheatle told him he can avoid a criminal record if he carries out 150 hours of voluntary work.

Nolan, a father-of-two with an address at Malone Gardens, Ringsend, pleaded guilty to assault and criminal damage at a kebab shop at Old Cabra Road.

Dublin District Court heard the incident happened on June 24, 2012.

A garda said the accused refused to pay €11 for a meal he had ordered.

He was very intoxicated at the time and used abusive and profane language to the staff.

He went outside where he kicked and broke a glass panel. When a staff member followed him out, he attacked the man, punching him in the face and causing his chin to bleed.

The victim said while the cut was minor, it did bleed.

"I did nothing to provoke this man," the victim said. "I did not confront or threaten him in any way."

Refunded

The defendant fled the scene but was located nearby by the gardai.

Defence solicitor Tracy Horan said there were "two sides to every story" and the accused's side was that he ordered a kebab, was told the staff were not ready to serve him so he left for 20 minutes for a drink.

When he came back, he was told they were still not ready to serve him and he asked for his money to be refunded.

"Things kicked off from there," Ms Horan said. "People behind the counter came out and things went from there."

The defendant had worked all his life as a general operative and an electrician and was currently working on the incinerator in Ringsend.

"He apologises for what did happen, this is a matter he takes very seriously," Ms Horan said.

The accused had very strong links to Australia, his brother lived there, and he was anxious to avoid convictions.

He also played with a local soccer club.

Judge Cheatle adjourned the case to a date in September and said if the accused brought proof of having carried out 150 hours' voluntary work, he would dismiss the charges.

This will leave the defendant without recorded convictions.

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