Enniskillen Court House, RMGFH04
AN Enniskillen man who was accused of smashing the back and front doors of his cousin’s house has been found not guilty after explaining to a court he was trying to protect his cousin from people he owed money to.
Police had been called to a house at Carnmore Rise around 3.40am on Wednesday, August 15 last year after a call was made to 999 saying a gang of people were kicking at the back door of the property. When an officer, who was already in the area, arrived they found the back patio door of the house and a glass panel at the front of the house had been smashed.
The only witness the officer was able to speak to was a neighbour, who said they’d heard shouting and the smashing of glass at the house, and who gave a description of a man they’d seen leaving the scene.
The officer related this description to their colleagues, and a short time later David Galbraith (30) of Floraville, was stopped a short distance away. He was searched and a small amount of cannabis was found on his person.
Galbraith’s clothes were also taken away for forensic analysis and, revealed there were traces of glass on his hoodie, some of which was a “strong” match for the glass from front door, and some from the back door.
When first stopped, Glabraith had told police he was coming from a friend’s house. In interview he later said he had gone to the house as his cousin lived there and he wanted to check on him as he was worried.
Glabraith, who pleaded guilty to possession of a Class B drug but contested the charge of criminal damage, denied breaking the glass and told police it had already been broken when he arrived.
Defence barrister Gavin Cairns questioned why more forensic examinations were not carried out by police and pointed out that while the neighbour who had described the man walking away from the house, a call had been made to 999 stating several men were kicking at the back door of the house.
The barrister said this call was not put to Galbraith or his solicitor in his police interview.
In his own evidence to the court, Galbraith explained his cousin, who he said he was protective of, had owed people money and his cousin was worried they were coming to beat him up, which was why he had gone to the house.
He said he was reluctant to tell police this at the time as he was “worried it would make things worse” with the people his cousin was in debt to.
Galbraith told the court he had got into the house through the broken panel by the front door, crouching down, and left when his cousin was not there. Mr Cairns argued this was how the glass could have got on to his hoodie.
District Judge Nigel Broderick said he had a doubt whether or not Galbraith had entered the house through the panel. He said he must give the defendant the benefit of the doubt and dismissed the charge of criminal damage.
For possession of cannabis, which was described as “very, very small”, he fined Galbraith £200.