A man has narrowly avoided prison after an unprovoked attack on two tourists in Ardara.
Ewhenini Ostapov was handed a suspended sentence when he appeared before Glenties District Court.
Ostapov, who was charged with two assaults on September 17, 2023, was given two five-month sentences, both of which were suspended for a period of 18 months.
Ostapov, a 25-year-old of Front Street, Ardara, was charged with assaulting both Jans Jennes and Manfred Eilers at Charlie Bennett Drive, Ardara. The charges are contrary to Section 2 of the Non-Fatal Offences Against The Person Act, 1997.
The accused man was also charged with causing criminal damage to a Garda car, being intoxicated in a public place and with a breach of the peace.
Solicitor for Ostapov, Mr Patsy Gallagher, told the court that his client made “one stupid mistake”. Ostapov, his solicitor said, is now working in a local factory and contributing to the local economy.
Mr Gallagher said a probation report was very favourable to his client, who was deemed at being of a low risk of reoffending.
“He is very remorseful,” Mr Gallagher said. “He is very contrite in his approach to the matter.”
An interpreter was present in court for the case to aid Ostapov.
Sergeant Oliver Devaney said there were victim impact statements handed in to the court.
After considering the matter, Judge Éiteáin Cunningham described the incident as “an unprovoked attack on two tourists who were here on vacation.”
Judge Cunningham said Ostapov would get credit for expressing remorse and regret and for the fact that he has no previous convictions in this jurisdiction.
Judge Cunningham said Ostapov would get credit for expressing remorse and regret and for the fact that he has no previous convictions in this jurisdiction.
While noting that Ostapov was remorseful, Judge Cunningham said she deemed the case to be a most serious matter.
“The incident had a profound effect on both victims, who were innocent victims of an unprovoked attack,” Judge Cunningham said. “I have to bear that in mind.”
On each of the assault charges, Ostapov was sentenced to five months in prison. The entirety of the sentences, which are to run concurrently, were suspended for 18 months upon Ostapov entering into a bond to keep the peace and be of good behaviour.
The other charges were marked as taken into consideration by Judge Cunningham, who added: “But for the fact that he has no previous and he addressed it in the manner he did, a custodial sentence would have been considered.”