Jail a 'chance to clear your books' judge tells County Derry man

A 48-year-old County Derry man who became aggressive with police and urinated in the back of a police vehicle has been jailed after building up an 'extensive record'.

Judge Mullan had initially issued an arrest warrant for Cecil Donnelly, of Hillside Cottages, Desertmartin at Magherafelt Magistrates Court on Wednesday.

The warrant was rescinded when the defendant eventually appeared for sentencing via video link from his solicitor's office, having pleaded guilty to charges of disorderly behaviour and criminal damage.

The court heard how police had spoken to the defendant at around 10.30am on July 24 2022, when he was asked to leave the property.

After saying he needed to use the toilet, Donnelly became aggressive on his return, refusing to leave the property, with police noting he was unsteady on his feet and had slurred speech.

The defendant became aggressive and verbally abusive, continuing to swear and threatening to fight police.

He then refused to enter the police vehicle, having to be handcuffed while continuing to behave in a verbally abusive and aggressive fashion.

On nearing Coleraine, the defendant told police he needed to go to the toilet, and after being advised to wait, then urinated on the rear passenger seat of the vehicle.

Prosecution told the court the cost to clean the seat had been £64.44.

The judge noted that the defendant had been in breach of a number of previous suspended sentences, but defence for Donnelly said the offences would not on their own breach the custodial threshold.

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The defendant had pleaded guilty to three counts of criminal damage at a previous hearing.

The judge advised that the defendant would have to be there in person as she was minded to impose a custodial sentence.

After the judge inquired if the defendant had the means to get to the courthouse that day, Donnelly's solicitor said he would drive him to Derry himself.

On his arrival, the defendant's counsel said he had engaged with probation but that it had not changed his behaviour, adding that he was homeless, had little money and had suffered familial breakdown.

They said he had 'no capacity to organise himself for probation' and conceded that though the nature of the offending was low-level, the accumulation of offences was a concern.

Judge Mullan considered the dates of the previous suspended sentences and sentenced Donnelly to a total of four months' imprisonment.

She also ordered the defendant to pay a compensation order of £64.44 for the damage to the police vehicle, and imposed a £25 offender's levy.

“This is a chance to clear your books and behave from now on,” she told the defendant.