Enniskillen Courthouse
A 25-year-old Fivemiletown man who in his own words drank ‘10 or 12’ bottles of beer and ten shots of vodka and then assaulted a police officer had tried to take an overdose earlier in the night.
In a contest at Enniskillen Magistrates Court Kyle Dillon of Ballylurgan denied the assault on a male police constable, but did admit resisting police.
Constable Doherty, the victim of the assault took to the stand and explained that he had been on duty on April 9, 2014 when he received a call for assistance with the defendant at his home address. Dillon’s friend had found him trying to hang himself.
The defendant’s ex-girlfriend told police she had received a call from Dillon that he was going to take an overdose.
The constable told the court he arrived at the house at 2.25am and on arrival met two other police colleagues talking to Dillon.
In talking with Dillon he confirmed to them he had drank approximately 10 vodkas and said he had made the phone call, stating his intention to take an overdose.
The constable said he and his colleagues found Dillon quite erratic.
They offered him help from a medical professional and on occasions he was cooperative and talkative, but at other times he became aggressive.
The out of hours doctor was then sent for, but quite an amount of time elapsed after this moment up to the point where Dillon decided to leave the house. He was followed by the officers out into the dark laneway leading from the property.
Constable Doherty said he felt compelled to take some sort of action as he feared for the defendant’s well-being and thought there was a chance he may run off so used his powers under the mental health act and affected his arrest.
Dillon immediately resisted and it took four police officers in total to place two sets of handcuffs on the defendant. When officers went to bring Dillon to the police vehicle he continued to resist and constable Doherty was then caught on the bottom of his chin with Dillon’s right elbow.
Under cross-examination the defence barrister John McGrath put it to the officer that Dillon pushed his foot up against the police vehicle in an attempt to resist and it was at that point he hit him with his elbow accidentally.
The constable denied this. The defence also put it to the constable that he kicked Dillon three times to get him into the vehicle. He denied this, but stated another constable may have used reasonable force.
The three other constables involved in the incident all gave evidence and under cross-examination all denied Dillon’s claims that he had pushed his foot off the police vehicle and accidentally struck the constable. They all denied the claims that the defendant was kicked three times.
Taking the stand Dillon admitted resisting, but denied any deliberate assault. Under cross-examination he told the court he had drank around 10 -12 bottles of beer and 10 vodkas, but said his recollection was ‘quite good’ on this matter.
He said he had never intended to flee from the police, he had simply gone outside to clear his head with a friend. He admitted he became agitated when arrested, but stated this was because he felt ‘tricked’ by the officers.
District judge Nigel Broderick said he accepted Dillon was in an agitated state, but this was due to his fragile mental health at the time. The judge accepted the evidence of the officer who said it was a deliberate assault and convicted the defendant.
In explaining the incident Mr McGrath said the defendant was in a dark place mentally as he had just broken up with girlfriend and was unemployed.
The judge said thankfully no injuries were sustained and decided to take a lenient approach due to the significant factor of Dillon’s fragile mental health. He imposed a £200 fine.
To read more.. Subscribe to current edition
Receive quality journalism wherever you are, on any device. Keep up to date from the comfort of your own home with a digital subscription.
Any time | Any place | Anywhere