A MAN has been jailed after assaulting a drinker in a town bar in a homophobic attack – before returning minutes later to confront him with a deactivated AK-47 assault rifle and bayonet.
Marcin Skalimowski punched the man in an unprovoked assault in St James Wine Bar after the victim – who he assumed was gay – tried to speak to him.
A short time later – after being ejected from the premises – the 41-year-old returned to the bar, in Rue de Funchal, with the two weapons and was wrestled to the ground by door staff who phoned the police.
During sentencing in the Royal Court yesterday, the Bailiff, Sir Timothy Le Cocq, said the offence was ‘incredibly stupid and reckless’ and contained ‘a significant element of homophobia’.
Outlining the case, Crown Advocate Luke Sette, prosecuting, said Skalimowski punched the man on the evening of 20 March – causing his head to hit the bar – before turning away and casually continuing drinking.
After being ejected, he returned ten minutes later with a sheath attached to his belt from which a blade could be seen glinting, the court heard.
Advocate Sette said: ‘He was carrying a long, thin black bag. He asked the door staff: “Is he still inside?”’
He then began to unzip the bag containing the rifle. The staff, fearing for their own safety and that of customers, pinned him to the ground and alerted the States police, who arrived just before 2.10am.
Under interview he was asked if he had an issue with gay people, and replied: ‘I’ve nothing against them but I would rather they kept themselves to themselves rather than bothering straight people.’
Skalimowski, who admitted assault and possessing an offensive weapon, was considered at moderate risk of reoffending within the next 12 months.
He had previously received a 180-hour community service order for driving without insurance and failing to provide a specimen of breath to the police, but had not performed any of the work so far.
Advocate Sette called for a two-year jail term but Advocate Mike Preston, defending, argued for a shorter sentence, pointing out that Skalimowski had pleaded guilty early in the court process and had no previous convictions for violence.
He added that his client suffered from rheumatoid arthritis, which had prevented him from carrying out the community service, and added: ‘His inability to work and provide for his family as he would like to has caused him to have bouts of depression, and he has sometimes resorted to heavy drinking to soften this.’
Advocate Preston asked the court not to recommend deportation as Skalimowski is married with a child.
‘He has firm roots in the Island and his innocent family would suffer as a result of his behaviour,’ he added.
Sir Timothy said that the court had decided not to recommend deportation, but added:
‘We accept that your remorse is genuine, but we have no doubt that the custodial threshold has been passed.’
Skalimowski was sentenced to 12 months for the possession of a weapon and three months for the assault, to run concurrently. He also received a consecutive three-month sentence for breach of his community service order, making a total jail term of 15 months.
Jurats Jane Ronge and Alison Opferman were sitting on the case.
