Community order for homophobic assault

His tormentor, an “intelligent and highly educated” aspiring digital film producer, later told police his actions were justified because being gay was “a sickness” and he feared his victim might touch him when handing him his change.
In the dock on Thursday, May 29, was 31-year-old former Newbury College student Maros Gajarsky, of Newtown Road, Newbury.
Helen Waite, prosecuting on Thursday, May 29, said: “This was an extremely unpleasant incident, aggravated by this defendant’s antipathy towards gay people in general. She said the victim, whose sexuality was not revealed in open court, was “was simply doing his job on the checkout”.
At around 6pm on April 23, the court was told, Mr Gajarsky went to a till to pay for some goods. Ms Waite added: “The defendant threw his money onto the counter in a way that suggested he didn’t want to have any kind of contact with the sales assistant, who had to gather up the scattered money.”
When he offered change, Mr Gajarsky told him: “Leave it on the counter, I’m not gay so don’t touch me,” magistrates heard.
The assistant nevertheless politely offered him a receipt, said Ms Waite, but Mr Gajarsky refused to accept it and began to stride towards the exit.
She said that the assistant had begun serving the next customer when, without warning, Mr Gajarsky returned and spat upon him before leaving. Later, on May 14, police were called when Mr Gajarsky was spotted in the same area and arrested, the court heard.
Ms Waite said that, in interview, Mr Gajarsky was completely unrepentant, telling officers that homosexuality was a mental illness and that he knew the store assistant was gay because of his voice and mannerisms.
She added that he accepted he had spat on his victim, but showed no remorse and insisted it was his right to behave in the way he did.
Mr Gajarsky admitted assault. Tom Brymer, defending, said his client was an “intelligent and highly educated man” who had studied digital film producing at the University of Gloucester in Cheltenham and had qualifications in film and media studies.
He said Mr Gajarsky had lost his job at a local store as a result of his actions, and added: “He is now extremely remorseful and appreciates how his victim must have felt.
“He has shown real insight today into the implications for his victim. There were issues in his life and he took out his frustrations in a completely inappropriate way.”
Describing the offence as “particularly nasty”, magistrates told Mr Gajarsky that spitting on someone was considered no less of an assault than a punch to the face.
They made him subject to a 12-month community order with 100 hours’ unpaid community work requirement. In addition Mr Gajarsky was ordered to pay £50 in compensation to his victim, plus £85 costs and a statutory surcharge of £60