A 62-year-old Tattyreagh man who received a broken nose and other facial injuries during an altercation with the police has lost his appeal against convictions of assaulting and resisting PSNI officers and disorderly behaviour.
The Crown Court judge in the case of Dominic Darcy did, however, decide that the fines imposed had been excessive and reduced them from £1,000 to £600.
Mr Justice McFarland heard conflicting accounts from defence witnesses and PSNI officers regarding the altercation on April 11 last year when CS spray was used on the defendant and his sons.
The court was told police were sent to a disturbance at Tattyreagh GAA club in the early hours of the morning of April 9 last year.
The first police car stopped outside the home of Pearse Darcy, the son of defendant, Dominic Darcy on the Letfern Road to await back-up from other police officers. The officers in the vehicle at Darcy's stopped a car and requested the driver Sean O'Neill take a breathalyser test.
Dominic Darcy then stepped out of the front passenger side of the vehicle. Thereafter, police and the occupants of the car gave different accounts of what occurred.
Constable Mark Benson told the court that he took offensive action after being attacked by the Dominic Darcy. According to Cons. Benson, a struggle then ensued that necessitated spraying CS gas at Darcy.
Contradicting police evidence, Darcy claimed that he got out of the car to go into his son's house as he was staying there that night. He then alleged that he was pushed into a puddle of water by the officer and, as he got up, was hit in the face.
He stated that Benson continued to punch him and put his foot on his chest and sprayed gas in his face. The defence also claimed there had been discrepancies in evidence given by police officers.
Mr Justice McFarland visited the scene of the incident before making his judgement.
The judge dismissed the proposition that police stopping outside the home of Pearse Darcy had been "contrived". He stated the details given by the police regarding the rendezvous "was perfectly reasonable". "They were there waiting for assistance. With another car coming they decided to stop. These all seem to be normal issues in this situation," he said.
Regarding the incident in which Cons. Benson claimed he had been attacked by Darcy, the judge stated, "I prefer the police evidence as to how the incident started.
"They would not have been interested in a man going out of the car to go the opposite way while they were doing a breath test.
"Mr Darcy had drink taken and, for whatever reason, decided to intervene. My view is that he started this incident."
The judge further said he would expect there to be discrepancies in the varying accounts of the incident given by police.
"It is difficult to describe a blow-by-blow incident and, if all the police officers gave the same evidence, it would be suspicious and would sound contrived."
Mr Justice McFarland continued his ruling by stating he believed Cons. Benson had acted in the execution of his duty and used reasonable force to restrain Dominic Darcy.
He concluded, "Having given the matter some thought in my view the Prosecution have satisfied me beyond all reasonable doubt that Dominic Darcy is guilty of all three charges."
