Thomas Mc Caffrey
A SELF-STYLED community man and champion of local football with a total of 235 previous convictions, has been jailed for four months for disorderly behaviour and lunging at a police officer.
Enniskillen magistrates Court heard that 43-year-old Thomas Henry McCaffery – widely known by his nickname Tucker – had 44 previous convictions for disorderly behaviour and despite three character references and a claim from the defence his detention would be of ‘great detriment to the local community’ the district judge imposed a custodial sentence.
The prosecutor told the court that on May 3 2013 police were called to the Lakeside Service Station, Queen Street, Enniskillen at 1am where the defendant was causing a disturbance.
When police arrived they saw McCaffery shouting at one male saying: “You f****** druggy b******”.
He was warned and asked to leave by police. He refused and continued to be aggressive, swearing loudly in the forecourt.
Inside the store the police observed that the defendant had tossed a number of items from the shelves to the floor.
These included cleaning products, kitchen roll and drinks. He was arrested for disorderly behaviour and then McCaffery, pictured, lunged forward at an officer with his mouth wide open. He was further restrained and arrested again for assault on police.
Of the items tossed to the floor of the shop only one bottle of BPM costing 70p was unfit for resale.
Defence barrister Heather Philips noted three character references from a Mr Lee, Mr Armstrong and a Father Gallagher and acknowledged the defendant’s work with a local football team.
“He is the sole person responsible for creating a stable environment for young troubled people.”
Ms Philips indicated that McCaffery had bought items in the store and that an issue only arose when he was leaving. She explained he had “vented frustrations at a man involved in unsavoury actions.”
In relation to the assault Ms Philips told the court that McCaffery’s actions towards police were borne out of frustration.
“He did feel slightly hard done by when this individual remains at large and known to officers.”
In mitigation Ms Philips noted there was no conflict or police injury and added there had never been any intention of causing harm to the officer.
The defence said there were no aggravating factors present and that the charge of disorderly behaviour fell into the lower band.
In relation to the defendant’s extensive record Ms Philips explained that McCaffery knew a lot of the police around the town and enjoyed a positive relationship with the majority of them. She told the court how McCaffery had been left embarrassed by the incident and apologised on his behalf.
District judge Nigel Broderick noted that McCaffery had been convicted of common assault and disorderly behaviour on January 17, 2012 and received sentences of five months and four months respectively for each offence, suspended for three years.
Ms Philips highlighted the merits of the ‘Think First’ programme in dealing with the defendant and said this should not be considered a ‘soft option’. “It is about avoiding counter productive short prison sentences.”
In closing she said that there were a number of matters which needed to be addressed by the defendant, but claimed he had done sterling work in the community.
“He does do an awful amount of work and makes a significant contribution the community, especially the football club. It is concerning that work will not exist if he goes to prison. It would be a great detriment to the local community.”
The district judge gave McCaffery credit for his plea and noted the ‘helpful’ references, but could not overlook the defendant’s extensive criminal record and the breach of two separate suspended sentences.
He said McCaffery had crossed the custody threshold and imposed his sentence.
“Thanks very much,” replied the defendant.
Bail was granted by the judge for the defendant to appeal the sentence.
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