Maginnis found guilty of assaulting motorist
Ken Maginnis, 75, a member of the UK’s House of Lords, was found guilty at Dungannon Magistrates’ Court of grabbing 21-year-old Keith Kirk by the arm and threatening to punch him in the town last summer after becoming enraged at him honking his car horn. Mr Maginnis, who admitted calling Mr Kirk a “yellow-bellied bastard”, had denied the charge of common assault.
However, District Judge John Meehan said he was satisfied the prosecution had proved the case beyond reasonable doubt.
He fined Mr Maginnis £200 (€235) and ordered him to pay a further £200 in compensation to Mr Kirk.
Mr Kirk said Mr Maginnis pulled out of a junction in front of him without looking, causing him to break suddenly.
He said he honked his horn — an act he alleged prompted Mr Maginnis to get out of his vehicle and march back to confront him through the wound down window.
Mr Kirk claimed Mr Maginnis, a former major in the Ulster Defence Regiment, grabbed his arm and held the other fist in the air, threatening a punch.
The prosecution conceded it was a non-injury assault and that Mr Maginnis had not struck Mr Kirk.
Judge Meehan said he had taken account of Mr Maginnis’s years of public service in determining the punishment.
At the outset, the judge refused a defence application to take into account alleged bad character evidence against Mr Kirk — namely two previous motoring convictions.
He stressed the motoring actions taken or not take by either driver were not relevant in justifying an assault.
The judge posed a hypothetical question to demonstrate his point: “A man accused of assaulting a chef in a restaurant — is it of any relevance that it was a bad meal?”
Later delivering his verdict, the judge said it was sad that a man with such a career of public service was before him in such circumstances.
He questioned that Mr Maginnis may not appreciate that the force of his personality could intimidate people.
Outside court, Mr Maginnis said he had already lodged an appeal.
“I am obviously not letting it rest here,” he said.
“One might say what’s a couple of hundred pounds but this is my reputation. And I am appealing it. I can assure you I am appealing it.”
