Enniskillen Court House, RMGFH04
A 21-year-old Newtownbutler man has been convicted of a hate crime for shouting sectarian abuse during a Twelfth of July parade.
Kevin McCabe, of Camphill Park, Newtownbutler was given a combination order of 80 hours community service and 12 months probation when he appeared at Enniskillen Magistrates Court. The prosecutor outlined that on July 12, 2015 at 7pm the defendant was standing outside Mulligan’s Bar, Newtownbutler on Main Street when he shouted “Up the Ra” and “Tiocfaidh ar la” at an Orange Lodge and band members who were meeting at the neighbouring hall ahead of their annual parade through the town.
The abusive comments continued during the parade with the prosecutor explaining that McCabe’s voice could be heard above the band playing.
At around 7.45pm the parade moved into the Church Lane area of Newtownbutler and the defendant then began to shout abusive comments towards police, calling them “f****** pigs” and “black b*******”. The defendant further made snorting noises like a pig towards officers in the area.
At 8pm McCabe, still standing outside the pub, gave the fingers to a passing police vehicle. On the return parade the defendant continued to use the same abusive language and to make snorting noises.
Officers later attended McCabe’s home address and cautioned him for disorderly behaviour. He replied: “What did I do? They shouldn’t be marching in a Catholic town anyway.”
Defence solicitor Myles McManus told the court that McCabe had consumed a “large volume” of alcohol on the day in question and noted that the incidents occurred while the defendant was outside a pub.
Mr McManus said that McCabe accepted culpability for his actions, but explained there were other individuals involved in this activity, but the defendant had been the one pinpointed by police. The defence stated that McCabe had a “rather unhappy” relationship with one police officer and claimed he had been subjected to “constant” stops and searches, but had never been convicted of any offence.
He explained that a “significant event” caused McCabe to be admitted to the South West Acute Hospital in June and following on from this had been referred to various agencies, engaging with the addiction team every two weeks following referral from the community mental health team.
The solicitor said the defendant realised he had problems with alcohol and other substances and steps had been taken to address these problems. He added that the defendant had a relatively small record, primarily for motoring offences.
District judge Nigel Broderick called McCabe’s behaviour “totally unacceptable” and was satisfied based on the submission that the offence should be defined as a hate crime. The judge said the defendant’s issues with alcohol were a factor, but in “no way an excuse”.
Noting McCabe’s limited record he added: “I’m hoping this is not a sign of any future behaviour.”
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