The defendant became aggressive after police woke him
A former garage owner found sleeping in the doors of Dunnes Stores in Enniskillen in the early hours of the morning spat at police when they woke him.
Patrick Gerard McCaffrey (53), of Drumhack Road, Drumbrughas, Enniskillen was convicted of two counts of assault on police and one of disorderly behaviour when he appeared at Enniskillen Magistrates Court and sentenced to three months in prison.
The prosecutor explained that on October 6, 2013 at 3.15am on Forthill Street Enniskillen police discovered the defendant sleeping in the door way of Dunnes Stores.
When officers woke McCaffrey he became very aggressive, calling them ‘murdering RUC b*******’.
He was warned about his language, but continued to swear, before being cautioned for disorderly behaviour.
McCaffrey was then arrested, but when officers went to restrain the defendant he spat in one of their faces.
Defence barrister Ronan Marlow explained that this McCaffrey had originally been convicted via a contest and told the court that his client still did not accept he spat at police.
Mr Marlow told the court that the defendant felt police had targeted him and claimed he had been the victim of police brutality.
In mitigation the defence noted that none of the officers had been physically injured, but acknowledged the actions were appalling.
He also noted that McCaffrey had not caused any trouble until he was awoke.
District judge Nigel Broderick said had Murphy entered a plea of guilty and shown some remorse he may have received some credit, but as he had continuously contested matters despite strong evidence against him he left him little choice.
“In my view the custody threshold has been crossed. The courts will not tolerate this type of behaviour and you will be dealt with appropriately.”
For the various offences the judge imposed the three month sentence.
In court the defendant made the decision to appeal the sentence, with his own bail set at £500 with conditions that he not be intoxicated in a public place and submit to breath tests.
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