A PENSIONER bit and scratched a traffic warden in a row over a parking ticket.
Marcus Kelly, aged 68, of 3 Hermitage, Ennis, Co Clare, appeared at Ennis Circuit Court yesterday in connection with the assault of Ennis traffic warden Martin Ryan at Arthur’s Row, Ennis, on July 11, 2008. Garda Michael Sweeney told the court Kelly bit Mr Ryan on the ribcage and scratched his face during the altercation.
Kelly was initially convicted in the district court of the assault, where he was fined €250, and yesterday was appealing the severity of sentence.
Counsel for Kelly, Elaine Power BL said Kelly approached Mr Ryan as he had felt very aggrieved over Mr Ryan issuing a parking ticket to his wife, who is disabled.
Ms Power said the incident was out of character for Kelly.
Judge James O’Donohoe said: “It may have been out of character, but he cannot resort to physical violence.”
Ms Power told the court that Kelly, who has no previous convictions, scratched Mr Ryan’s face as Mr Ryan was holding him up against the wall by his throat.
Judge O’Donohoe said that traffic wardens have an unenviable job and he would look on the case sympathetically if there was an apology from Kelly.
After a brief adjournment, Ms Power told the judge Kelly and Mr Ryan had shaken hands and Kelly had apologised.
Judge O’Donohoe imposed the Probation Act, striking out the fine and applauded Mr Ryan for his Christianity in accepting Kelly’s apology.
© Irish Examiner Ltd. All rights reserved