Two men jailed for painting a paramilitary mural withdraw appeals against convictions

Two men, who were jailed last August for painting a paramilitary mural depicting a snowman pressing a detonator with a command wire attached to it and containing the words "They Haven't Gone Away Ye Know", today withdrew their appeals against their convictions.

The appellants, Jordan Devine, 23, from Bishop Street in Derry received a three month sentence when convicted of the offence at the Bishop Street Magistrate's Court last summer. His co-appellant, William McDonnell, 37, from Balbane Pass was jailed for four months when convicted of the same offence.

Both men were convicted by District Judge Barney McElholm of a single charge of displaying an article, namely a painted mural, on the window of Junior McDaid House at Chamberlain Street in such a way as to arouse suspicion that they were a member of a proscribed organisation. They were convicted of committing the offence between November 23 and December 21 of last year.

At the appeal in the County Court today barrister Eoghan Devlin, for the appellant Devine, said he had received instructions to withdraw the appeal against conviction only.

The barrister also told Judge Neil Rafferty K.C. that the appeal now was against the sentence only and he requested an adjournment in the case until after the Christmas period.

Barrister Stephen Mooney for the appellant McDonnell said he had a similar application to make. He said his client had served the equivalent of a three month sentence since he was remanded in custody last August.

Both barristers also told Judge Rafferty that neither appellant had requested a pre-sentence following their convictions. They said both appellants had complied with strict bail conditions since they were sentenced last August.

Judge Rafferty granted the request for an adjournment in the appeal against sentence case and listed it for hearing on January 8. He also released both appellants on continuing bail.