Owner of Portadown eatery convicted of sectarian assault

Source: Inside the Courtroom NI (Facebook)

The name of the eatery is Rhika’s Kitchen of Delight, and appears to be pretty popular on socials. Not for much longer I hope.

⚖️ PORTADOWN MAN ACQUITTED OF ROBERT HAMILL MURDER CONVICTED OF SECTARIAN ASSAULT

A man who was acquitted of the murder of Robert Hamill more than 20 years ago was today (Fri), convicted of a sectarian assault after the victim was called a “fenian c***.”

Convicting Paul Mark Rodney Hobson and Simon Millar of common assault and criminal damage, District Judge Michael Ranaghan said the two defendants were “poor historians.”

He told heavily tattooed Hobson that despite his claims the police had assaulted him and were lying, “I do not believe that for one second.”

The judge said that in contrast, their victim gave his account “in a straightforward way and his evidence did not change…I do not think he was trying to exaggerate or lie.”

Accordingly, the Craigavon Magistrates Court judge recorded convictions against 48-year-old Hobson and Millar (44), finding them guilty of common assault and of causing criminal damage to the victim’s Mercedes car.

The pair were however, acquitted of a second assault, allegedly committed against a woman, after she failed to attend court.

During the hour-long contest, father-of-four Martin McWilliams told the court he had parked his car and was heading for a tanning session in the Mahon Road area of Portadown when he was subjected to sectarian abuse.

Mr McWilliams, who said he was wearing a Mexico City GAA top at the time, testified that: “As I approached one of them said ‘You shouldn’t be wearing that top around here’.”

He said he told them he would “wear whatever I want and I just walked on in.”

“It was as if they were trying to provoke me so I just bypassed it and walked on,” he said adding that Mark Hobson had followed him into the salon.

"He said ‘Give us a hug. You know who I am’. Then I realised who he was from Instagram and his food company,” said Mr McWilliams adding that he told Hobson to leave him alone.

After using the sun bed he left but as he opened the car door, Hobson again asked him for a hug.

Mr McWilliams refused and tried to get into his car but Millar interjected and called him a “fenian c***.”

As the victim sat in his car, Hobson stopped him from being able to close the door, the court heard and Mr McWilliams said he kept saying to “give us a hug” and coming towards him.

He told the court Hobson went to punch him but he dodged it and punched him back. As Millar came for him, he started to run around the cars but his flip-flop came off and the defendant caught up.

Millar tried to punch him but again, Mr McWilliams was able to dodge the blow and punch the defendant in the face.

The court heard how Hobson was behind the victim at this stage, and he tried again to punch him, “but I moved out of the way and hit him.”

Making a break for his car, Mr McWilliams locked the doors but the pair were “booting the side of the car” and hitting the windows.

During cross-examination, Hobson’s defence counsel Damien Halleron suggested the defendant had told him jokingly that he was a “madman” for wearing a GAA top.

The victim refuted the suggestion however, and while he admitted striking both defendants, giving them both a bloody nose, he told the court it was done in self defence.

Giving evidence on his own behalf Hobson, from Fitzgerald Park in Portadown, denied that he had chased the victim or that he had prevented him from getting into his car.

He told defence counsel Damien Halleron he thought Mr McWilliams was wearing a Celtic top.

Asked why he felt he had to remark on it, Hobson said: “It’s just certain areas and that’s not my feelings. If someone was walking up the Garvaghy Road wearing a Rangers top, I would have said the exact same thing,” claiming he told the victim he was a “madman” and was laughing.

He claimed the victim reacted angrily and demanded, “what the f*** are you going to do about it,” denying that he using the word fenian.

Hobson also claimed that he was attacked first and when he got up, Mr McWilliams “was punching Simon.”

When asked if he was involved in a sectarian attack or hurled sectarian abuse at the victim, Hobson said: “No.”

Under cross-examination from the prosecutor, Hobson maintained his account that he did not chase Mr McWilliams and claimed that he told police he was the victim of an assault.

When it was put to Hobson the sergeant who took his statement had not recorded anywhere that he claimed he had been the victim of an assault, the 48-year-old labelled the officer “a liar.”

The prosecutor put it to Hobson that he took issue with Mr McWilliams as he was wearing a “Catholic orientated top” but Hobson denied this.

Millar, with the same address, also gave evidence on his own behalf, and he claimed he did not hear Hobson using any term of sectarian abuse and that after the victim struck Hobson, “I went to split it up.”

Further claiming that Mr McWilliams “grappled” Hobson to the floor, Millar told the court that after he was punched on the nose, his eyes “went all watery” so he “couldn’t even hardly see.”

Under cross-examination, Millar accepted that between his police statement and his evidence in court, that he had changed his account about drinking alcohol that day, changed his account about seeing Hobson being punched and also about how many times he himself was punched.

While he claimed he had also told police he had been a victim of assault, again the court heard there was no record of that.

The prosecutor asked Millar whether he accepted “that’s the first time you have said that” but he maintained, “I did” tell them.

Convicting the pair, Judge Ranaghan told the court: "I do believe he felt threatened following a deliberate sectarian comment and given his fear he does not have to wait to be struck before reacting and striking out in self defence. I think his actions that day were appropriate and proportionate.”

Having had it confirmed by the prosecutor that the offences are “aggravated by hostility,” the judge said he would give the pair “a chance” and order a pre-sentence report.

He warned Hobson and Millar that if they failed to comply and turned up to be sentenced without a report, “the likely outcome will be custody.”

Judge Ranaghan freed Hobson and Millar on bail, ordered them to come back to court to be sentenced on 26 September.

Robert Hamill was beaten by a loyalist mob in the early hours of April 27, 1997 and his serious assault, and later murder when he died on May 8, was the subject of a public inquiry because it was alleged that four police officers were positioned in a police vehicle near the scene of the attack, but did not intervene.

A total of six individuals were charged with the murder but the PPS withdrew against five.

Hobson proceeded to trial in June 1999 and although the case was dropped and Hobson was acquitted of the murder, he was handed a four year sentence for affray.

ENDS
Copy by Paul Higgins
Photo: defendant Paul Hobson

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