Darren Kelly (27) of Tattinderry Heights, Maguiresbridge pleaded guilty to theft, disorderly behaviour and common assault at Enniskillen Magistrates Court last Wednesday. 

At approximately 4.10pm on June 20 last year police were called to the Spar shop on the Coa Road in Enniskillen. When they arrived they found Kelly being held down by an off-duty police officer and a member of staff. 

When Kelly, who said he had drunk 12 tins of beer and half a bottle of brandy, had tried to leave the shop without paying for a bottle of brandy worth £25.99 he was challenged and became aggressive towards staff and the off-duty police officer, pushing them in the chest. 

Kelly was arrested and taken into custody, before being transferred to the Tyrone and Fermanagh Hospital following concerns for his mental well being. 

When he was then interviewed about the incident at the Spar shop, Kelly said he couldn’t remember what had happened. The court was told the brandy he had tried to steal was recovered and was fit for resale. 

Defence solicitor Garry Smyth said Kelly, who had a previous conviction for a similar offence, had spent a number of weeks in hospital after the incident before being fit to be interviewed. Mr Smyth said Kelly was being supported by his family, and had also been receiving addiction counselling and had applied for a training course. 

The solicitor said Kelly had been assessed by probation as being remorseful and regretful for what had happened. 

“When he’s sober he’s well aware of the precarious position he has placed himself,” said Mr Smyth, adding Kelly hadn’t come to police attention since the incident last year.

District Judge Phillip Mateer said he would take Kelly’s guilty plea and the difficulties he struggled with into account, but added the defendant had needed to be restrained and had used inappropriate language during the incident in the shop. 

Judge Mateer said he could impose a custodial sentence but said he would rather give Kelly a chance to deal with his issues. He sentenced him to 100 hours community service, and one year’s probation.