Judge fed up with court regular
Published 19 Jan 2012 09:04
A thug who confronted an "IRA/Sinn Fein bastard" he accused of making a republican death threat against him has been sentenced to nine month's imprisonment, suspended for three years.
Thomas "Tucker" McCaffrey was given only a "one per cent chance" of not being sent to jail when he appeared at Fermanagh Court last December and was found guilty of assaulting two men in separate incidents.
When he appeared for sentencing on Tuesday, District Judge Liam McNally suspended the prison sentence for three years with the warning that "this really is your final opportunity".
Mr. McNally said that ever since he became District Judge for Fermanagh, McCaffrey had appeared before him on a regular basis.
"I have to say I'm just getting a bit fed up with you Mr. McCaffrey," he stated.
On being told that McCaffrey has stayed out of trouble for the past four months, the District Judge said: "Well bully for Mr. McCaffrey."
McCaffrey had denied threatening to kill Vincent McDonagh and assaulting Mr. McDonagh's brother, Brendan, during a confrontation outside their home at Derrygore Terrace in the Cornagrade area of Enniskillen on September 15, last year.
The 41-year-old from the Cornagrade Road, Enniskillen, was cleared of threatening to kill Vincent McDonagh but convicted of assaulting Brendan McDonagh.
A third charge that 25 stone McCaffrey caused criminal damage to a police car by casually leaning against it was also dismissed after the District Judge said he didn't believe the dent was caused deliberately.
The court heard that on the night in question McCaffrey had been drinking in the Corner Bar in Enniskillen, leaving in the early hours of the morning to go and confront Vincent McDonagh. He claimed he had received a republican death threat, passed to him through a local priest, Fr. O'Reilly, and he believed Vincent McDonagh, whom he accused of being an "IRA/Sinn Fein bastard", was behind the threat.
When McCaffrey arrived at the McDonagh house and began kicking the front door, Brendan came out, followed by Vincent.
Brendan gave evidence that as he stood between the two men, McCaffrey attacked him and tried to push him over a garden wall before punching him in the face.
He described how McCaffrey then took off his shirt, shouting: "I'm Tucker McCaffrey and I'll be back."
A police officer gave evidence that when McCaffrey was arrested he claimed Vincent McDonagh had threatened him.
McCaffrey told the officer: "He's an IRA/Sinn Fein bastard. You might be afraid of him but I'm not. I will live my life the way I want to. If I want to be a thug, I will be a thug."
McCaffrey said he was annoyed that someone could phone a priest claiming to be from a republican terror group and make such a death threat.
"I thought myself, I was definitely a goner," he stated.
The District Judge said he found Brendan McDonagh to be a "good witness" and a "convincing witness".
He said he formed a very clear impression he was telling the truth in relation to the assault.
He convicted McCaffrey of the offence.
McCaffrey had previously admitted being disorderly and assaulting taxi driver Aaron Brown during a separate incident at The Diamond in the centre of Enniskillen on August 25, 2010. He had reached in through the open window of a parked cab and grabbed the driver by the chest. Police told McCaffrey to calm down but he was abusive and aggressive.
The court heard that sentencing in that matter had been deferred for six months, during which McCaffrey was to commit no further offences, but he assaulted Brendan McDonagh within the six-month period.
At the time of his trial last October, the District Judge warned him "if you are to have any chance of avoiding custody, and that will be a one per cent chance" not to be involved in any misbehaviour around the Corner Bar.
When McCaffrey appeared before the court on Tuesday for sentencing, defence barrister, Mr. Des Fahy, said there had been no re-offending since last October and McCaffrey had engaged with the Community Addiction unit of the Western Health Trust in relation to his drinking.
Mr. Fahy handed in two references which he said reflected McCaffrey's contribution to the community in terms of the football team he is involved with and for which he helps raise funds.
He acknowledged that the court would have to show a "considerable degree of mercy" if it was not to send him to jail.
Fellow defence barrister, Miss Heather Philips, described the pre-sentence report by a probation officer as "very positive" and pointed out that the attack on Brendan McDonagh took place just four days before the end of the six-month deferral of sentencing for the assault on the taxi driver.
She submitted that the frequency of McCaffrey's offending has "decreased dramatically" since 2008, since when he has appeared in court on two occasions, "which is significantly different from where we were five or 10 years ago".
The District Judge sentenced McCaffrey to nine months' imprisonment, suspended for three years, and ordered him to pay £100 compensation each to Brendan McDonagh and taxi driver Aaron Brown.
He told McCaffrey: "Spend more time with your football team and going to Community Addiction and stay out of trouble."
This article appeared in Impartial Reporter 18 Jan 12
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