Enniskillen Court House
A 21-year-old Lisbellaw man who made sectarian remarks on the Twelfth of July that were deemed a ‘hate crime’ by police, has been spared jail.
Ryan James Birney, of Main Street appeared at Fermanagh Magistrates Court where he was sentenced to a combination order of 80 hours community service and 12 months probation.
The prosecutor outlined that on July 12 of this year at 6pm officers on patrol at the main Twelfth county demonstrations in Irvinestown were alerted to a number of youths in the Brownhill Link area.
In the Penny Lane carpark a large group of youths were involved in anti-social behaviour, shouting abuse and swearing at members of the public after the parade had ended.
Police approached the eight youths who were congregated around a bus stop when one of them separated from the group and walked towards the officers, pushing into the left shoulder of one and shouting “you f****** bastard.”
Police warned him, telling Birney to calm down and watch his language. Birney then walked back with his arms by his side and fists clenched and shouted: “You walked into me f****** fenian c***.”
Police noted there were a large number of people in the area when these comments were made, including families and young children.
Birney refused to calm down and was arrested , but remained aggressive and struggled with officers pushing away, before being handcuffed to the rear of the police vehicle.
Birney continued to shout and be aggressive saying: “What are you looking at?” and similar words used previously. He was then brought to Enniskillen police station.
When put into a cell Birney then damaged a CCTV camera cover, causing £140 worth of damage. Police submitted to the prosecution this was a hate crime, due to the day and the sectarian abuse shouted at officers.
Defence barrister Steffan Rafferty said Birney had consumed a lot of alcohol and on the day had been drinking since 10am.
He said that the defendant’s behaviour was an act of bravado in front of his friends, but stated Birney had since distanced himself from these people, who he maintained “were leading him astray.”
On behalf of the defendant Mr Rafferty apologised to the court and to the officers at the scene affected. He stated his client now wants to turn the corner and asked the judge not to activate a suspended sentence hanging over Birney.
District judge Nigel Broderick told Birney this was now his fourth conviction for disorderly behaviour and said his “disgraceful behaviour” did amount to a hate crime.
In light of this and a report indicating Birney presented a ‘high risk’ of re-offending due to his alcohol addiction, the judge considered a prison sentence.
With some reluctance however, he imposed the combination order, which included the added condition that Birney actively participate in a project of work to reduce his risk of re-offending.
The judge added: “If you breach this order the matter will come back to me personally and in all likelihood you will go to prison and likely for five months.”
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