Enniskillen Court House, RMGFH04
A 28-YEAR-OLD ENNISKILLEN man who shouted at a police officer while waving a kitchen brush in a ‘sword like motion’ has been convicted.
Damien Patrick Bermingham, of Cleenish Park was convicted of possessing an offensive weapon in a public place and is to be sentenced of February 17 following the preparation of a pre-sentence report.
In the contest heard at Enniskillen Magistrates Court a police constable told the court that he and a colleague were called to an incident in Cleenish Park on July, 30, 2015. A window had been broken at a property.
They called at an address in the park and noted the front window of the property had been smashed. While the other officer was conducting enquiries in the house he went out and spoke to neighbours to see if they had seen anything. A short distance away he told the court he was alerted to a male coming from an alley way walking towards him shouting and carrying something in his arms.
He continued to shout and the officer told the court he asked the male to get on to the ground, which he did. The officer said at that stage he wasn’t sure what Bermingham had been holding in his arms, but said it was a long object, which he was holding “like a sword”. Upon closer inspection the object was found to be a grey plastic long handle kitchen brush. After identifying himself to police Bermingham was then arrested for suspected criminal damage, but not for carrying an offensive weapon.
The other officer, who had been conducting interviews inside also took the stand and confirmed she saw Bermingham from a distance approach her colleague with the brush “waving it in a circular fashion above his head”.
After being arrested for criminal damage at the time she told the court Bermingham replied: “I haven’t done anything wrong” and further said: “I’m doing the public a favour”, “that paedo bastard”, “you boys are making a big mistake I know men in Maghaberry who can sort you boys out.”
District judge Nigel Broderick said it was a case of proving Bermingham had the brush in his hands with the intent to do harm to another and noted both the defence and prosecution agreed a brush was not an offensive weapon.
The judge counted the defendant’s decision not to give evidence against him and alongside the facts of the case decided to convict the defendant. He will be sentenced on February 17 following a pre-sentence report.
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