Victim suffered ‘extreme pain’ in spray attack

A MAN has been handed a suspended sentence for a serious assault in Cookstown involving a pepper spray like substance.

Rafal Kowalski (34) appeared at Dungannon Magistrates Court via video link from Maghaberry prison where he is currently awaiting the conclusion of extradition proceedings for crimes in his native Poland.

The court heard on Friday that the incident occurred in November 2016 when police observed the defendant fighting a group of males on Loy Street in Cookstown.

Police noted that he was “clearly the aggressor”.

When police detained Kowalski, another man in the vicinity is reported as having redness on his face with watering eyes and “appeared to be in distress”.

The group involved in the incident told police that Kowalski had sprayed them with a substance, but none of them were willing to provide further details.

The court heard that the victim was sitting at the front of a bus when the doors opened and he was sprayed by the liquid on his face causing “extreme pain”. He did not see who sprayed the substance or where it came from.

The victim was treated by an ambulance at the scene and described the pain as a “nine out of 10”.

When officers searched the area, they located a can of “fire red formula gel”.

At a previous hearing before Christmas, Kowalski admitted to possessing the offensive weapon and was convicted by District Judge Michael Ranaghan of the assault charge.

The defence counsel told the court that Kowalski brought the spray over from Poland in 2015 where it is apparently legal as a method of self-defence.

Kowalski is currently in the middle of extradition proceedings for fraud related crimes he has been found guilty of in his absence in Poland.

The court heard this conviction was the result of an investigation lasting eight years, but no further details were provided.

In light of the current time he is serving in prison, Judge Ranaghan handed a three month suspended sentence on each of the two counts, suspended for one year.

Rafal Kowalski (34) appeared at Dungannon Magistrates Court via video link from Maghaberry prison where he is currently awaiting the conclusion of extradition proceedings for crimes in his native Poland.

The court heard on Friday that the incident occurred in November 2016 when police observed the defendant fighting a group of males on Loy Street in Cookstown.

Police noted that he was “clearly the aggressor”.

When police detained Kowalski, another man in the vicinity is reported as having redness on his face with watering eyes and “appeared to be in distress”.

The group involved in the incident told police that Kowalski had sprayed them with a substance, but none of them were willing to provide further details.

The court heard that the victim was sitting at the front of a bus when the doors opened and he was sprayed by the liquid on his face causing “extreme pain”. He did not see who sprayed the substance or where it came from.

The victim was treated by an ambulance at the scene and described the pain as a “nine out of 10”.

When officers searched the area, they located a can of “fire red formula gel”.

At a previous hearing before Christmas, Kowalski admitted to possessing the offensive weapon and was convicted by District Judge Michael Ranaghan of the assault charge.

The defence counsel told the court that Kowalski brought the spray over from Poland in 2015 where it is apparently legal as a method of self-defence.

Kowalski is currently in the middle of extradition proceedings for fraud related crimes he has been found guilty of in his absence in Poland.

The court heard this conviction was the result of an investigation lasting eight years, but no further details were provided.

In light of the current time he is serving in prison, Judge Ranaghan handed a three month suspended sentence on each of the two counts, suspended for one year.