A judge has ruled a public order incident which occurred just metres from the scene of the Omagh bomb was aggravated by comments about police being shot and raped.
Lee Doherty (34) whose address was given as no fixed abode admitted using disorderly behaviour, assaulting police and resisting arrest on January 16.
An additional charge of attempted criminal damage of a PSNI cell van was withdrawn.
Enniskillen Magistrates’ Court heard Doherty had only been released from a custodial senctence the previous day when police were called to the Campsie Road in Omagh where he had been acting aggressively.
Officers observed him staggering and at one point almost fell onto the road.
When spoken to he was was foaming at the mouth and constantly raising his voice despite request from police to calm down.
He waved his fists aggressively and was constantly verbally abusive shouting, “Profane and sectarian slurs at officers and threatening that they would be shot,” a prosecuting lawyer explained.
It was also disclosed Doherty was “demeaning towards female officers and said he would rape them.”
His language and behaviour were witnessed by numerous members of the public.
Officers suspected he was under the influence of alcohol and drugs and following arrest was taken to South West Acute Hospital for assessment.
On arrival at the hospital he was being removed from a PSNI cell van he spat at an officer and pulled away roughly.
Limb restraints and a spit guard had to be applied and his behaviour was so volatile he had to remain in the cell van.
Having been medically assessed he was returned to police custody and charged.
A defence barrister accepted Doherty has a length record for similar offending and as in previous instances he was heavily intoxicated.
“The facts of the case were very difficult to hear, particularly the language towards police however it amounts to nothing more than mindless abuse given his state of intoxication,” said the defence.
“There were also certain aggravators, but they were idle threats,” he added.
In terms of spitting, the defence accepted: “This is a disgusting form of assault and there are over 30 previous assaults on police. The defendant has very limited recollection of the entire incident.”
While acknowledging the custody threshold was passed he urge District Judge Alana McSorley to suspend any terms of imprisonment which: “May Incentivise him to make better choices and achieve some stability in the community, instead of this never-ending cycle.”
However this was rejected by Judge McSorley who handing down a sentence of seven months imprisonment told Doherty: “The location of this was metres away from where the Omagh bomb incident occurred and I consider that to be an aggravating feature.”
