Michael Carey (25), of no fixed abode but who previously resided at Carnmore Lodge, Cornagrade, Enniskillen, was charged with indecent behaviour at The Diamond, Enniskillen on 31st March. 

Carey, who is currently in custody for an unrelated manner, was found guilty at a contest hearing at Enniskillen Magistrates Court last Wednesday. 

In his evidence, a police officer told the court that he had been standing outside Houston’s on High Steet while on public order duty in the early hours of the date in question when he observed a male urinating against a railing at Eden Street. 

When pressed by defence solicitor Bernard Corrigan on the identity of the man and if he was sure it was Carey, the officer replied: “I have known Michael Carey since 2011 and he knows me as he has been fit to identify me in shops when I have been out of uniform.” 

Mr Corrigan claimed his client wasn’t in the Diamond area that night and wasn’t asked for any ID when cautioned.

Taking to the stand, Carey told the court that he had no recollection of where he was that night and didn’t accept the police officer’s evidence, adding” “He is a liar and is telling lies”.  

Under cross-examination the prosecutor noted that the defendant was “a very distinctive and tall man who was not mistaken very easily”. The prosecutor put it to Carey: “If you were charged with an offence, you would think that you would remember pretty sharply what you were doing four months ago.”    

Mr Corrigan added that there were a lot of people around the area at the time of the incident and that nobody had approached police to express annoyance at what had happened.  

Deputy district judge, Laura Ievers, ruled that it was quite a straightforward case. 

“Mr Carey offered no alternative explanation for his whereabouts that night but I am satisfied that it was him that night and that he did act in an indecent fashion,” she told the court. 

Carey was convicted and a fine of £100 was imposed alongside an offenders levy of £15