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 - Tue, Jan 5, 2010

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Check below to read Court Stories

Total Stories: 30          Published: Wed, Dec 16, 2009



Woman sprayed fly spray into police officers faces

AN IRVINESTOWN woman has been convicted of assaulting two police officers by spraying fly-spray into their faces as they stood at the door of the her home.

She was also convicted of one count of resisting arrest and has been fined a total of £500 by District Judge Liam McNally sitting at Fermanagh Magistrates Court.

Thirty-one year old Arlene Robinson from Lisnarick road in Irvinestown denied the charges which occurred on February 17 this year and was convicted following a contested hearing.

Constable Barry Irvine gave evidence that around 5pm on February 17 he attended the home of the defendant with Constable Nigel Martin after receiving a report that the defendant may have taken an overdose of paracetemol.

Constable Irvine knocked on the door, which was answered by the defendant, who the officer said appeared 'agitated'. She questioned why the police were at her door and the officer explained they have a duty to protect life and limb and were there to make sure the defendant was alright.

The defendant told them to leave and attempted to close her door but Constable Irvine put his foot in the door to stop it closing.

The defendant shouted at them and told the officer to remove his foot but he told her he couldn't as they were there for her protection.

Constable Irvine told the defendant the paramedics had been called and once they arrived and checked her over they would leave.

At this the defendant went off into the kitchen and came back with an aerosol can of fly spray in her hand. She proceeded to spray this into the eyes of the two officers, who were waiting by the front door.

Constable Martin then attempted to arrest the defendant but she struggled going to the ground by her own force. Constable Irvine suffered pain in his back from arresting the defendant and stinging to his eyes from the spray.

Under cross-examination by Heather Phillips, BL, Constable Irvine accepted the defendant told officers she hadn't taken any tablets but he explained they had to stay until a medical person was satisfied she was fine.

The barrister also asked why, if the police thought this woman was dying, they took her to the police station following her arrest and not to the hospital.

The officer explained they called a doctor to the station and the defendant was seen within 20 minutes of her arrival at the station although she refused to let Dr Davidson examine her.

District Judge Liam McNally said the defendant had decided not to give evidence and he therefor took it that the version given by Constable Irvine was a true account of what happened.

Referring to the officers' presence at the house the judge said that people can make up false allegations about someone taking an overdose of drugs, and he said that may have been the case here. But he continued saying the officers don't know this saying if the defendant had waited to be examined by paramedics that would have been the end of the matter. Convicting the defendant of all three charges the judge said the officers were there to help this woman, and were doing their duty.

Describing this as 'a very nasty type of assault' Judge McNally fined the defendant £200 on each assault charge and £100 for resisting arrest.


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