Enniskillen Courthouse
A 35-year-old man who threatened to burn down the home of a father-of-three with his children inside has been convicted at Fermanagh Magistrates Court.
Mark Terence Convey threatened to burn down the home of Adrian Smith by putting a petrol bomb through the letter box at the property in Carrowshee Avenue, Lisnaskea.
He contested the charges of threats to damage property and intimidation of a witness.
Taking to the stand first Mr Smith explained that on June 30, 2014 he had first encountered Convey at 7.15pm in the estate, but then left and returned around 8.30pm and Convey called him over.
“He asked me to drop the charges,” Mr Smith explained, referring to a case in which he was a a witness.
He told the court he had previously witnessed a Michael McCaffrey taking a wheel brace and breaking the windows of a car belonging to Convey’s girlfriend. When Smith told him he was not going to drop the charges, he said that Convey became aggressive. “He was acting very aggressively standing in front of me like he was drunk begging ‘please drop the charges my mum’s not well’. I told Mark he was intimidating a witness. I felt very intimidated and annoyed.”
He continued: “He told me he was mad Mark Convey from Enniskillen and he’s afraid of no one or no man.” Smith then noted that Convey came close to his face and began poking his chest and then pointed to his house saying: “I’m not afraid to burn any house with children in it. He told me ‘I’m here to cause trouble in the park tonight’.”
Mr Smith said he believed Convey was trying to get him to drop charges against McCaffrey as Convey’s mother was McCaffrey’s partner. He said the incident had left one of his children screaming and said he feared for his children and his wife. He rang police after he returned to his home.
Under cross-examination the defence barrister said that Convey denied making any of the comments. “He did say it,” replied Smith.
Giving evidence Convey said he had been at his mother’s house in the same estate as Smith’s home and had drank ‘a few cans’ of beer and said Smith had came over to him saying McCaffrey had been put out of the area. He claims he told him: “You must be happy about that, but let bygones be bygones.”
He told the court he had no reason to intimidate Smith as McCaffrey had taken a brace to his girlfriend’s car.
When asked if he threatened to burn Smith’s house down he replied: “I never said something like that.” When asked by the prosecutor why Smith would make such allegations against him Convey said: “I have no idea what he has against me. I’m not lying, I have no reason to come here and lie either.”
Convey’s partner also gave evidence claiming she had asked Smith to drop the charges and stated Convey did not threaten or shout at Smith.
District judge Nigel Broderick said he was satisfied Mr Smith had given a “credible, reliable account” of what had happened and said he was “not so satisfied” with the evidence of Convey or his girlfriend.
He convicted the defendant, but adjourned sentencing until November 5 following a probation report.
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