Judge issues jail warning over rioting

Published Monday, 02 July 2012
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A judge has issued a stern warning that anyone who involves themselves in rioting during the marching season this year can expect to go to jail.

Judge issues jail warning over rioting
A judge has warned that rioters face prison. (© UTV)

Speaking as he jailed two rioters for a total of seven years, the Recorder of Belfast Judge Tom Burgess said that last year, he had warned that stiffer jail sentences would be handed down.

The judge told Belfast Crown Court: "That was the message that was given and that is the message that will be delivered."

He said that Northern Ireland as a whole "had come a long way in a relatively short period of time."

"Those who involve themselves therefore do so in the face of public rejection of that time-weary behaviour and also put themselves on the other side of the fence from the processes to put such matters firmly in the past."

The two defendants were19-year-old Kevin McFall, from Moyard Parade, and 25-year-old Martin Brannigan, from Monagh Drive, both in west Belfast.

They had each pleaded guilty to riot on 12 July last year at the notorious flashpoint area at the Ardoyne shops in north Belfast.

However, McFall had also admitted to throwing a petrol bomb at police and to exposing himself to them.

Prosecution lawyer David Russell said Brannigan, who was jailed for two years, was recorded on CCTV throwing 11 various missiles of stones, bricks or bottles over the course of the five hours he was there.

McFall, said the lawyer, had been seen deliberately aiming his petrol bomb at officers who were walking in support of a landrover during what was described as a "concerted attack".

He was also recorded repeatedly sniffing at a bag of solvents, exposing himself to police and throwing a further missile.

In total, the lawyer said the rioting at Ardoyne shop fronts went on for just over eight hours during which time, police came under attack from missiles and petrol bombs in response to which they used 62 baton rounds and water cannon.

He said 19 officers were injured during the disturbances which erupted following three Orange Order Lodges and a band walking up the Crumlin Road from the main city centre parade.

Solicitor Advocate Clive Neville, on behalf of Brannigan, said he had been instructed to state publicly that the rioter "regards his behaviour that evening as nothing short of disgraceful".

The lawyer conceded candidly that Brannigan "had never been to the Ardoyne area before " but had got a taxi to it that evening to get involved.

Gerard McNamara, solicitor advocate for McFall, said his client accepted he faced an inevitable jail sentence and that in throwing the petrol bomb, "serious consequences could arise".

He revealed that McFall, who has an IQ of 69 putting him in the borderline mentally handicapped, was expelled from both primary and secondary school and has been taking drugs and sniffing glue since he was nine-years-old.

Ordering that McFall spend two years in custody and three on licence and that Brannigan spend half his sentence in custody and half on licence, the judge reiterated that in the large majority of riot offences, jail will be the end result.

He told McFall that as regards exposing himself on CCTV, "only himself knows what was behind that particular event" and told Brannigan that rioting did not just impact upon the people hurt during it but also residents and business owners in the area.

The Recorder said that as the "presiding judge" at Crown Court level, he had been asked by the Lord Chief Justice to set down sentencing guidelines until the Court of Appeal can address the issue of sentencing.

He said the offences which brought the pair before the court arose from a time when "widespread violence was occurring in the city," causing huge amounts of damage, endangering the lives of police officers, wasting scarce public money on clean up operations and disrupting the everyday lives of "ordinary citizens".

© UTV News
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3 Comments
On the Fence in Belfast wrote (320 days ago):
Johnny Mac - Probably, seeing as 90% of rioters are nationalist.
Johnny Mac in Belfast wrote (321 days ago):
I think that we can safely assume that only nationalist rioters will be subject to water cannon, charged and sentenced.
On the Fence in Belfast wrote (321 days ago):
What a shame, losing two such as these will be devastating to the communities they live in.
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