A drunken 21-year-old man’s sectarian abuse of police officers at this year’s Twelfth of July parade in Irvinestown was a “hate crime”, a judge has ruled.
Ryan Birney, from Main Street, Lisbellaw, called one of the constables a “Fenian c--t”.
He admitted being disorderly at the Brownhill Link Road in Irvinestown, resisting a police officer and damaging the cover of a camera at Enniskillen Police Station.
He was given a Combination Order of 80 hours of community service and 12 months’ probation.
A prosecutor told Fermanagh Court that around 6pm on Saturday, July 12, people were dispersing after the main Fermanagh County Orange Order parade in Irvinestown. A large group of youths was being disorderly at a car park on the Brownhill Link Road, shouting abuse and swearing at members of the public. Birney separated from the group and walked towards a police officer. He pushed into the officer’s shoulder and called him a “f--king bastard”.
The prosecutor said Birney was warned to calm down and watch his language. Walking with his hands by his side and his fists clenched, he told an officer: “You walked into me, f--king Fenian c--t.” The court heard that there were families with young children in the area. When Birney refused to calm down he was arrested. He struggled with police and kept shouting at members of the public: “What are you looking at?” The prosecutor said Birney continued to use similar words to what he had used earlier. He was taken to Enniskillen Police Station and placed in a cell, where he caused £140 worth of damage to a CCTV camera.
The prosecutor said the PSNI had asked for the case to be treated as a “hate crime”, given the day and the sectarian abuse directed at the officers.
Defence barrister Steffan Rafferty told the court Birney had been before the court on a number of previous occasions and has convictions for similar behaviour.
“He is far from pleased with his own reaction and behaviour on the day,” said Mr. Rafferty, adding that whatever Birney’s thoughts were “he bears no ill-will towards the PSNI”.
The barrister explained that Birney had started drinking at 10am on the Twelfth and was significantly intoxicated when the incident with the police began.
He said Birney had told him that “were it not for the alcohol, this would not have happened”. It was “very much alcohol induced and probably an act of bravado in front of friends or acquaintances” of his at the time. He has now distanced himself from these people as they were “having a negative influence upon him and not good company to be in”. They were “leading him astray for the amusement of others and very much to his own disadvantage”.
Mr. Rafferty said Birney wished to apologise to the court and all the officers involved.
The barrister told the court Birney had previously adopted a cavalier attitude to his own behaviour and treated it with some indifference. It all came to a head when he appeared at Omagh Magistrate’s Court and District Judge Bernie Kelly sentenced him to three months in prison for breaching a Combination Order.
“That was a very significant wake-up call for this man,” stated Mr. Rafferty.
He said the sentence “struck fear into him and has had a deterrent effect”. He was fortunate that when he appealed the jail term at the County Court in September the sentence was suspended.
Mr. Rafferty told the court Birney has “vowed to do his level best to stay out of trouble” and has not come to the adverse attention of the police since then.
He said that in a pre-sentence report by a probation officer Birney had “expressed quite a mature and sensible attitude, albeit it has taken some time to reach that stage”. He has acknowledged that alcohol is the main problem and is seeking help with his physical and mental health. He is living with his partner and she has a “very positive impact” on his behaviour.
“He has been dry of alcohol since this incident on the Twelfth of July,” added Mr. Rafferty.
District Judge Nigel Broderick reminded Birney that this was now his fourth conviction for disorderly behaviour.
“This was disgraceful behaviour and in my view, given the language used, did amount to a hate crime,” he stated.
He said Birney had been assessed as posing a “high risk of re-offending” because of his alcohol addiction and unless that is addressed he is going to appear back in court.
“With reluctance I’m going to impose a Combination Order,” he said.
He ordered Birney to complete 80 hours of community service and put him on probation for 12 months with the condition that he takes part in programmes “to reduce the high likelihood of re-offending you have been assessed as posing”.
The District Judge directed that if Birney breaches the Order the matter is to be brought back before him “and the likelihood is you will be going to prison for five months”.
For more updates, photographs and debate follow The Impartial Reporter on Facebook: http://www.facebook.com/impartialreporter And on Twitter: http://www.twitter.com/impartialrep
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules here