The Devenish Bar, Enniskillen
A 25-year-old Enniskillen man who was ejected from the Devenish Bar in the town for being drunk proceeded to kick the door and bang the windows at the premises before attempting to smash a window with a food menu.
Dominic McGoldrick, of Cleenish Park pleaded guilty to two counts of disorderly behaviour, one on licenced premises, criminal damage and attempted criminal damage at Fermanagh Magistrates Court.
He was sentenced to five months imprisonment, suspended for two years and ordered to pay restitution of £250.
The prosecutor outlined that on November 24, 2013 at 7.35pm police received a report from the Devenish Bar that a number of men had just been ejected from the premises and were kicking the doors and banging the windows.
When police arrived the men had left, but staff at the Devenish identified McGoldrick as one of the two men and seized CCTV footage which identified the defendant outside the bar.
The prosecutor explained that the defendant and another had entered the bar in an intoxicated state and moved into a pool table area.
The other man was noted by staff as a concern to customers and staff made the decision to refuse to serve them any alcohol.
When the other male asked for a drink and was refused he became aggressive and held a glass in his hand in a hostile incident.
He was removed from the pool room and continued to be aggressive to staff and customers and staff had to restrain the man.
Upon seeing this McGoldrick became involved trying to resist members of staff.
The defendant was then restrained by staff and both men were removed from the bar. Staff closed the front door to the men, but they began to shout and began to kick the door and bang the windows for several minutes.
McGoldrick then threw a large food menu sign outside the property and in attempting to smash the window threw it against it. The window was Plexiglas however and did not break. The menu sign was damaged though at a cost of £250.
McGoldrick voluntarily attended the police station and was interviewed, but made no comment regarding his actions. He told police he did not remember the incident clearly and suggested staff were lying.
When shown CCTV footage inside the bar McGoldrick said it didn’t show him assaulting anyone.
When shown footage outside with the food menu he then made an admission. He denied trying to throw the menu at the window and said he just threw it randomly.
Defence barrister Steffan Rafferty said it was clear the defendant was not the main player in this disturbance. He said that for the best part of the incident his client took a step back and was very much a bystander.
When the other man was being restrained by ‘at least four people’ he conceded McGoldrick did become involved to try to calm matters. Mr Rafferty said by the defendant’s own admission this was ‘needless’.
It was noted in court McGoldrick was in breach of a previous suspended sentence from August.
District judge Nigel Broderick said: “Were it not for the helpful medical report from the GP you would be going to prison.”
The judge said that unless McGoldrick addressed his addiction issues, mainly alcohol, he would likely re-offend and go to prison.
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