A MAN in his 20s with a “very poor” criminal record could be facing seven months in jail after resisting attempts to arrest him while he was out on bail last summer.

Patrick James John McDonagh, of Sally’s Wood, Irvinestown, was charged with resisting arrest on July 2, 2015.

He was further charged with breaching a community service order by failing to attend on five separate occasions between July 16 and October 22, 2015. McDonagh entered guilty pleas when he appeared before Fermanagh Magistrates Court on Monday.

The court heard that, at 9.45pm on July 2, police were called to a report of an “ongoing disturbance” in Castle Street.

Two males – one of whom was the defendant – were “annoying” another male and local residents were concerned. The two men subsequently left the area.

After police had arrived at the scene, the defendant returned. Officers observed he was “very drunk” and acting erratically.

They noted that he was shouting one moment and whispering the next. McDonagh told them he was on his way to buy alcohol, but had to be back home by 10pm because of his electronic tag.

Police then informed him that he was being arrested for breaching his bail and attempts were made to handcuff him. Although they were able to restrain one wrist, the defendant swung his other arm away.

He was subsequently placed on the ground, where he continued to “thrash about”.

Defending solicitor, Conor Heaney, told the court that his client had a “significant” criminal record and struggled with alcohol dependency.

The solicitor said that McDonagh had a “clear and chronic” alcohol addiction, but was making clear efforts to deal with this by attending an outreach programme in Irvinestown.

Urging the judge not to send him to prison, Mr Heaney argued that the defendant would get back into offending again if he didn’t get help.

He also told the court that his client had completed 70 hours out of the 180-hour community service order, which had been imposed in June last year. 

District judge, Nigel Broderick, observed that the defendant had a “very poor” record and had been given an opportunity to engage with community service, which he had done “in part”.

The judge said he was satisfied that the custodial threshold had been crossed in the case. He imposed a two-month jail sentence and a £25 offender levy for resisting arrest.

Mr Broderick then revoked the community service order and replaced it with a concurrent two-month jail term. The judge said that McDonagh was also in breach of a five-month suspended sentence that had been imposed in March last year on charges of theft and assaulting police.

Activating this five-month sentence in full, Mr Broderick directed it to be served consecutively with the two-month sentence.
He was then released on his own bail of £500, pending an appeal against his seven-month sentence.