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Author: Ronan Judge
~ 4 minutes read
By Ronan Judge
THREE men will be sentenced later this year after they engaged in a “vicious, violent and prolonged assault” at a Ballinasloe business – including an attack on a vulnerable man with cerebral palsy.
After hearing evidence and viewing CCTV footage of the incident at Apache Pizza in the early hours of August 6, 2023, Judge Brian O’Callaghan remanded all three men in custody to May 20.
Judge O’Callaghan described them as “three absolute thugs” and added he used that word sparingly. He said he had looked up the meaning of the word thug in the Oxford English Dictionary, and it described perfectly the men before the court.
He said as far as the court is concerned, this was a “vicious, violent, and prolonged assault on this innocent business in Ballinasloe.”
Martin Mongan (33), 24 Hymany Park, Ballinasloe, pleaded guilty to assault causing harm to Racheel Sardar; Joseph Cawley (28), 21 Hymany Park, Ballinasloe, pleaded guilty to assault causing harm to Israr Ahmed; Martin Ward (30), with a former address at Country Meadows, Tuam and now living in the UK, pleaded guilty to assault causing sham to Zain Kusar.
CCTV footage of the incident played at Galway Circuit Court shows Martin Mongan throwing a walking aid at one of the victims and Martin Ward throwing a pizza shovel at another man. Joseph Cawley was shown throwing punches and acting in an aggressive manner, the court was told.
The court heard the three victims – Racheel Sardar, Zain Kusar and Israr Ahmed – were subjected to repeated verbal abuse.
Garda Fiona Connell said one of the victims heard someone shout “Paki, Paki, f**k you, give me my food”.
Business owner Racheel Sardar told Gardaí that at around 11.30pm on August 5, 2023, he heard loud voices and someone shouting “you handicapped bastard”.
The court was told that when the three men were asked to leave, they were heard saying, “Go on ring the guards. We run this town”.
Garda Connell said Zain Kusar is a young man with cerebral palsy who needs his walking frame to move around – and when the incident erupted, he was sitting down because he finds it difficult to stand.
The court heard Martin Mongan started ‘playing’ with the walking frame and later threw it during the assault.
In his victim impact statement, Mr Sardar said the incident has had a significant impact on his physical, mental and emotional health.
He said after the incident, he was worried for the safety of his wife and young children and it cost a “huge amount of money” to repair the damage done to the business he has operated in the town since 2022.
Zain Kusar said he had come to Ireland from England to visit his cousin and see the success he has made of his business. He said as a young person with a disability, he has lived his whole adult life feeling “vulnerable” but his family have helped him gain a sense of independence.
Mr Sardar said he remains deeply troubled and still does not understand if the attack was done out of racism or to damage his business.
In his victim impact statement, Mr Kusar said the attack left him feeling “very scared, distressed and shocked”, more vulnerable and he cut short his holiday say to return home.
Mr Kusar sustained a two and a half inch cut from his lip to his cheek that required treatment costing £8,000.
Israr Ahmed stated he no longer felt safe going out in Ballinasloe because he had been threatened and always as “eyes on the back of his head”.
The three victims were not in court for the hearing, and their statements were read by Garda Connell. Judge O’Callaghan said the court was not surprised the men did not attend given the threats they were subjected to.
Barristers for all three men said they had been instructed to apologise to the victims.
Counsel for Martin Mongan, Martin Durack BL, told the court his client had been attending a party that night and this was not a pre-planned incident.
Barrister, Keith Concannon BL, said his client, Joseph Cawley, said he drank 15 pints of Bulmers on the night.
Counsel for Martin Ward, Michael Clancy BL, said his client admits picking up the pizza tray and throwing it and reiterates his apology to the victim.
All three men were remanded in custody to May 20 and probation reports are due to be prepared in advance of sentencing.
Funded by Court Reporting Scheme.
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