A 27-YEAR-OLD man with addiction issues assaulted an off-duty police officer after stealing a bottle of brandy from an Enniskillen shop, Fermanagh Magistrates Court has heard.

Darren Patrick Michael Kelly, of Tattinderry Heights, Maguiresbridge, pleaded guilty to using disorderly behaviour at the Spar shop, Coa Road, Enniskillen, stealing a bottle of Hennessy brandy valued at £25.99 and unlawfully assaulting the off-duty officer on June 20, 2016.

The court heard that, at 4.10pm, police were tasked to the Spar shop on Coa Road. Upon arrival, they observed that the defendant was being held down by an off-duty officer and members of staff.

Kelly claimed that he had been drinking, alleging that he had consumed 12 tins of beer and half-a-bottle of brandy before entering the shop.

Officers were informed that the defendant had been challenged by staff after he attempted to leave without paying for a bottle of brandy.

The off-duty police officer had then intervened when Kelly became “very agitated”.

The defendant had threatened the off-duty officer and pushed him in the chest, the court heard.

After he was arrested, Kelly was initially conveyed into custody before being taken to the Tyrone and Fermanagh Hospital in Omagh due to concerns about his mental well being.

When he was later interviewed about the offences, he claimed to have “no recollection” of the evening.

The bottle of brandy was recovered and fit for resale, the court heard.
Defending solicitor, Garry Smyth, told the court that the offences had taken place when his client was “clearly” under the influence of alcohol.

The solicitor added that there was “speculation” about other substances as well.

Mr. Smyth revealed that the defendant had spent a number of weeks in hospital following his arrest.

In mitigation, the solicitor said that Kelly had since availed of counselling for his addiction issues and taken steps to ensure that “this scenario doesn’t repeat itself”.

Mr. Smyth told the court that the defendant had been accepted on to a three-day-a-week training programme which would equip him with “essential skills” for getting employment and dealing with life in general.

The solicitor said Kelly had candidly accepted his guilt in all matters and had shown remorse. He added that the defendant had not come to any further police attention since the incident.

Deputy district judge, Philip Mateer, observed that the defendant had a “serious enough” criminal record for somebody so young, but took into account his guilty pleas and difficult struggle with regard to addiction issues.

While admitting that he could impose a custodial sentence, the judge said he would prefer to find some way to bring home to Kelly that he needed to turn his life around.

Addressing the defendant directly, Mr. Mateer said: “The future is on your shoulders, no one else’s.”

Warning him that this was his “last chance”, the judge imposed a Combination Order consisting of 100 hours of community service and 12 months on Probation.