“The worst case I have had in my eight to 10 years in Enniskillen” was how District Judge Liam McNally described the late night attack by a local soldier on a female police officer.
The defendant, 20-year-old Dean Weir from Coleshill Park, Enniskillen, appeared in Fermanagh Magistrates Court facing three counts of assault on police and one count of disorderly behaviour.
The prosecutor told the court that on December 18, 2011 police were on mobile patrol in Enniskillen town centre when they were alerted to a scuffle at Townhall Street between the defendant and pub door staff.
The defendant had been restrained on the ground, but was kicking out violently at the people around him.
Police approached the defendant and got him on to his feet and restrained him, but the defendant refused to calm down and spat at a female officer twice, with his saliva containing blood. He then punched her twice to the forehead before spitting at her again.
Another officer who attempted to restrain Weir was then elbowed in the face.
The female officer suffered swelling on her forehead, while the latter suffered swelling and bruising around the eye area.
The defendant struggled again before being restrained and brought to Enniskillen police station.
At the station he remained aggressive to staff and spat again at two officers, one of whom he previously elbowed.
After police interview the defendant said he did not remember the offences but did admit to them.
Michael Sides, defending, noted that a number of character references for Mr Weir had been received from representatives in the army as well as from a local boxing club and showed them to the court.
Mr Sides said that the incidents took place almost two years ago when the defendant was 18 and that he had stayed out of trouble since that date.
“I can’t detract from his actions” said Mr Sides, calling it “totally unjustified and unwarranted.”
The defence solicitor said he was aware that any sentence imposed could result in his client being dismissed from his army service.
The judge said that the factors regarding this case were firstly that it was one of the more serious assaults on police he had heard.
We gave Weir credit for his plea of guilty and his record, despite his two previous convictions for disorderly behaviour and attempted assault on police.
The judge also made note of the many references which showed in his eyes he was “obviously a good soldier.”
District Judge McNally admitted though he had no choice, but to impose a custodial sentence due to the severity of the incidents.
If you had spat and left it there you might have had some hope” but the judge said he would be failing in his duty to the public if he didn’t take action against those who treat police in such a way.
He immediately imposed a sentence of four months in prison, but said he did it reluctantly due to Weir’s record as a soldier.
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