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 - Fri, May 16, 2008

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(Fermanagh Herald)


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Total Stories: 12          Published: Tue, Apr 29, 2008



Man was punching another male on the ground


An Enniskillen man who was standing over another male punching him as he lay on the ground when police arrived on the scene has been handed a suspended prison sentence at Fermanagh Magistrates Court where he appeared on a charge of disorderly behaviour.

Before the court pleading guilty to the charge was Ivan Johnston (22) from Drumbeg in the town.

The court heard that around 2.00am on 11th November last year police came across the defendant in the Church Street area of the town.

The defendant was standing over a male, who was lying on the ground, continually punching him.

Even when police arrived the defendant continued to punch at the male until police handcuffed him.

He struggled with police after his arrest and shouted abuse at them telling the officers he would get them shot.

A short time later the defendant did calm down, and the court was told there were no reports of any injuries to the injured party as he didn't get medically examined.

Defending, Reggie Ferguson pointed out that police could only deal with matters how they saw them. The solicitor went on to explain the background to this incident.

Mr Ferguson said his client was in a motor vehicle with several other people when the injured party approached the car and verbally abused him.

Mr Ferguson said the third party reached into the car and tried to punch the defendant. This was someone with whom the defendant has had difficulties in the past with.

The defendant, Mr Ferguson continued, felt he wasn't the aggressor in the incident and the fact that he was offered 'street bail' and answered this indicates the view police took of this.

The solicitor also pointed out that the injured party had made no complaint about this incident and that the defendant had apologised to police.

Sentencing, Resident Magistrate Liam McNally told the defendant;

'You were beating another person in Church Street in Enniskillen. You then resisted arrest.'

Looking over the defendant's criminal record he noted the court had tried every disposal possible. Noting the defendant wasn't fit for community service the Magistrate imposed a three month prison sentence, suspending this for two years.

He also ordered the defendant pay £100 compensation to the injured party.



  
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