28 year old with 68 convictions jailed after ‘unsavoury incidents’

Jason Magerr, of Hillview Park, Enniskillen, pleaded guilty to using disorderly behaviour at a licensed premises, namely The Devenish Bar, Darling Street, on April 12, 2017.

He also admitted assaulting a female police officer and damaging a cell belonging to the PSNI on March 10, 2018.

Meanwhile, the defendant entered further guilty pleas to using disorderly behaviour at Queen Elizabeth Road, Enniskillen, damaging a PSNI cell van by spitting in it and three counts of assaulting a police officer on April 15, 2018.

Magerr appeared before Fermanagh Magistrates Court for sentencing on Monday, via videolink from Maghaberry prison.

The court heard that, at 11pm on April 12 last year, police received a report of males fighting in The Devenish Bar.

Upon arrival, a member of staff at the front door told officers that the defendant had hit another man over the back of the head with a glass.

Magerr was later arrested near the 24-hour shop at Queen Street. He was interviewed and gave no comment to all the questions put to him.

Police, meanwhile, spoke to the other male who declined to tell the officers what happened.

Then, at 6pm on March 10 this year, the PSNI were informed that the defendant was “causing a scene” as he attempted to gain entry to Pat’s Bar, a premises from which he had previously been barred.

Officers subsequently apprehended Magerr on Wellington Road and could smell alcohol from his breath.

He was conveyed to Enniskillen custody suite, where he kicked a female officer on the left shin.

The defendant later urinated in his cell, before removing excrement from the toilet and smearing it over the walls and camera.

A deep clean of the cell was required, the court heard.

In the last incident, which occurred at 4.20pm on April 15 this year, police on patrol at Queen Elizabeth Road observed the defendant staggering towards Johnston Bridge and almost colliding with a member of the public.

When he was stopped by police, Magerr told them that he had come from a bar where he had been watching football. Officers noted that he smelt of intoxicating liquor and was slurring his speech.

After he was arrested, the defendant punched one of the officers hard with his right fist, causing swelling and a one centimetre cut close to an eye.

During the ensuing struggle, Magerr continued to swing out at police in full view of the public. Due to his violent behaviour, he had to be restrained on the ground.

He spat out at the police and was placed in limb restraints before being taken to Omagh custody suite. The defendant continued to be highly aggressive and abusive there, also mocking the death of PSNI constable Ronan Kerr.

As well as spitting at officers, he spat inside a police cell van, putting it out of use for the evening.

Defending counsel, Stephen Fitzpatrick, told the court that an “unsavoury set of incidents” had been outlined, which did his client no credit.

The barrister said that Magerr had serious mental health difficulties and issues with alcohol, and admitted that he would continue to come before the court until these were addressed.

Mr. Fitzpatrick urged the judge to stay an immediate custodial sentence to allow the defendant to engage with Probation.

In mitigation, the barrister said that Magerr had entered guilty pleas and had already taken some steps to address his issues.

However, district judge Nigel Broderick observed that the defendant had 68 previous convictions and clearly had “major issues with alcohol and violence when drunk”.

The judge said that Magerr had been given the chance to engage with Probation on his last appearance in court, but sadly he had not been able to avail of that.

Mr. Broderick said he was satisfied that the custodial threshold had been crossed, adding that the defendant could engage with Probation upon his release.

In connection with all three incidents, the judge imposed a total jail term of eight months and ordered Magerr to pay a £25 offender levy.