Judge commends member of the public who intervened when he saw a man berating a nine-year-old child

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43-year-old man was given a suspended sentence for child cruelty, assault, disorderly behaviour and drug offences

A judge at Derry Magistrate's Court has commended a member of the public who intervened when he saw a man berating a nine-year-old child in the street at 1.30am.

A 43-year-old man, who cannot be named to protect the identity of the child, was given a suspended sentence for child cruelty, assault, disorderly behaviour and drug offences that occurred on July 17 this year. 

The court heard that a police patrol on the Northland Road saw the defendant who was accompanied by a 9-year-old boy 'squaring up' to a man.

When police approached the defendant told them to 'f--k off' and his behaviour was described as 'very erratic'. 

He was warned about his behaviour and was arrested when he persisted. 

Quantities of cocaine and cannabis were found on him. 

The other man involved told police that he had seen the defendant walking with the boy who he assumed was his son. 

He said that the man was 'berating' the child continuously telling him 'you have ruined my life.' 

The civilian approached out of concern for the child who was only wearing a T-shirt at that time of the morning and the defendant made him believe he was going to be assaulted. 

The defendant admitted he was heavily intoxicated and had taken drugs on the day. 

Defence counsel Michael Donaghey said this was no way to behave especially while accompanied by a young child. 

He said that the man was 'deeply embarrassed'. 

District Judge Barney McElholm said that this was 'a disgraceful incident' as the defendant had been drinking and taking drugs while supposedly looking after a child. 

He added: "A commendation must go out to the gentleman who intervened. It is heartening to see there are civic minded people who put themselves at risk to protect others." 

The defendant was sentenced to five months suspended for three years and given 12 months probation. 

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