A 22-year-old Claddagh man who told Judge Mary Fahy in December he would not pay €7,500 in compensation to a man he had kicked in the head, thought better of it when given a prison warning and sold his car in the interim to pay the entire amount by this week's court date.

Sean Scarriff, from 9 St Nicholas Road, the Claddagh, Galway, pleaded guilty to assaulting Belfast man Gavin Miller, causing him harm, at Eyre Square, Galway, on 24 December 2006, when he first appeared before Galway District Court last November. That court had heard that as Mr Miller lay defenceless on the ground outside a city pub, Scarriff had kicked him in the face and went back to kick him again seconds after his friends had pulled him away.

Recalling a previous conviction, which she had dealt with, where Scarriff had assaulted another person with a baseball bat one St Patrick's night, Judge Fahy said that if he continued to assault people like this he would end up serving life in prison because he would kill someone. She adjourned the matter to 3 December to hear from the victim. Mr Miller told the judge on that date he had suffered a broken nose which still affected his breathing and he had been left with a permanent scar on his lip.

Scarriff had €1,000 in court to offer in compensation to the victim, but Judge Fahy said this was not enough "in the Sterling world" and she said she wanted the accused to hand over another €6,500.

"He is not getting it. He is not getting it," Scarriff said to the judge.

However, following a consultation with his solicitor and a prison warning from the judge, Scarriff reluctantly agreed to pay another €6,500 to the victim.

Judge Fahy had sought €2,500 to be handed over by this week's court date and indicated at the time that she would adjourn the matter for another instalment, but defence solicitor, Patricia MacEoin said this week that her client had since sold his car and had a bank draft in court for the balance of €6,500.

Ms MacEoin said her client was making efforts to sort himself out and was working away and staying out of trouble since this incident.

Reading a report from Scarriff's GP, which was handed into court, Judge Fahy said he came from a hardworking family and would not have been expected to behave in this way. However, while he had problems, he was facing up to them and getting help, according to the report, the judge said.

Taking into account that he had paid compensation and was going to counselling, Judge Fahy sentenced Scarriff to seven months in prison, which she suspended for two years on condition he be of good behaviour and not re-offend in the next three years.

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