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 - Fri, May 9, 2008

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(Fermanagh Herald)


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Check below to read Court Stories

Total Stories: 30          Published: Tue, Apr 22, 2008



Enniskillen man told police he was carrying a dead body

An Enniskillen man who told police he was carrying a dead body when they stopped him on the street, has been jailed for two months.

Gary Robert Brien (45) appeared at Fermanagh Magistrate's Court to face a number of charges of disorderly behaviour and resisting arrest.

The first charge related to an incident in Omagh on 29 December last year. Brien was walking along Woodside Terrace carrying two bags. When stopped by police he told them he was carrying a dead body. He repeatedly told the officers to 'f*** off' and became abusive to them. When arrested and cautioned for the offence, Brien replied 'Do you think I give a f***?'

The second incident happened when the defendant came into Enniskillen Police Station and told police he wanted to be arrested as he had nowhere to stay. He was asked to leave the Station. However Brien proceeded to light a cigarette, and refused to put it out when told it was a no smoking area. He was then arrested and charged with disorderly

Then on the 6 February this year, Brien was arrested for disorderly behaviour when he became abusive to workmen at the Erneside Shopping Centre in Enniskillen.

The final charge related to an incident when Brien became disorderly outside one of the pubs in Enniskillen. Police observed him in an agitated manner talking to two other people and noticed him pointing his finger at them, and he appeared to be angry. Police spoke to the defendant who claimed his underage son was in a public house, and he added 'sure the police will do f*** all about it'. At this stage Brien became increasingly angry and was told to calm down. The prosecution solicitor explained Brien did then take a few steps away, but then turned around and gave two fingers to the police and told them to f*** off."

Defence solicitor Barry Lynam explained Brien had a problem with alcohol addiction. He said there seemed to be a pattern whereby the defendant kept himself out of trouble for a few months before committing an offence, and said: "That's the difficulty with his addiction, and his record reflects that."

Mr Lynam said three of the offences only involved police officers rather than members of the public, and said the incident at the police station resulted from the fact the defendant did not have anywhere to live.

The solicitor added that his client was an example of a man 'who has been failed by the system'.

The Resident Magistrate, Liam McNally, addressed the defendant: "You and I met on the street last week. You had consumed some alcohol but you weren't drunk, and you were pleasant, but that changes when you have a drink. Then you make a complete nuisance of yourself."

Mr McNally explained he had given Brien a two month suspended sentence on a previous occasion in an attempt to allow him to try and make some changes and deal with his alcohol addiction. However the Magistrate said Brien had continued to offend, and said in order to protect the people of Enniskillen he would have to impose a custodial sentence as Brien continued to drink and to reoffend.

Brien was sentenced to two months in prison. However bail for appeal was set at £200 and he was released pending the outcome of the appeal.


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