A thug who choked his partner kicked off on his way to custody after a judge told him to 'shut up' when asking why the victim did not want a non-harassment order. 

Repeat offender Ryan Zienkiewicz admitted assault at his address in Belmont Crescent on August 8 this year, aggravated by abuse of a partner. 

A not guilty plea to behaving in a threatening or abusive manner was accepted by prosecutors - with court papers stating he was bailed at the time of the offence. 

The 23-year-old was caged for eight months and Zienkiewics kicked off when he was being taken back down in custody.

This came after victim – who herself appeared in Ayr Sheriff Court last Tuesday [October 2] - confirmed she did not wish a non harassment order, as Zienkiewics was told to 'shut up' by the sheriff. 

The Procurator Fiscal depute said: “On Tuesday, August 8 the accused returned to the locus at 5pm. The accused and witness had been in a relationship for five years, with no children together. 

“The witness present could tell he was intoxicated. The accused went up to the bedroom and at that time grabbed the witness by the throat with both hands. 

“The witness struggled to breathe and felt this went on for sometime. 

“Police officers were contacted and the accused was informed he was under arrest.  

“He was thereafter cautioned and charged and made no reply. 

“In respect of a non-harassment order she said she did not feel there was a need." 

Defence solicitor Colin McLaughlin said his client was an immature young man needs assistance. 

He said: "She wishes the relationship to continue. He is well aware of the situation he has put himself in. He has been in custody since August 9."

Sheriff John Montgomery said: “This is a serious assault on your partner, compressing her neck. Eight months in prison."

Sheriff Montgomery then asked the victim – who was present in the public gallery - if she could confirm she did not want a non-harassment, asking why she did not want the protection after being strangled. 

Zienkowics said: “Is that what you think? It was one night.” 

Sheriff Montgomery said: “It’s not what I think, it’s what I heard. Confirmed by the Procurator Fiscal, your lawyer and you, so shut up.” 

The sheriff added he would not make any non-harassment orders.

The next case had to be paused due to a prolonged struggle involving the accused and GeoAmey security.

Sheriff Montgomery said: “I want to understand the problem, why don’t they just open the door, put him in it, shut it behind them?”