Two friends were today (Thursday) sentenced for the roles they played in an early morning assault in the centre of Belfast.
The pair, who can’t be named due to a reporting restriction, appeared together in the dock of Belfast Crown Court. One of the defendants - a 37-year old former soldier - was handed a sentence of three years and nine months for charges of grievous bodily harm with intent, assault occasioning actual bodily harm, common assault and criminal damage.
Judge Gordon Kerr KC divided this sentence equally between prison and licence. The second defendant, who is also 37, had a 27-month sentence imposed which was suspended for two years, for two counts of assault occasioning actual bodily harm. All the charges date back to April 2, 2023 and involve three injuries parties.
The court heard that the early morning violent incident occurred on Castle Street and was captured on CCTV. Branding what occurred as “fast-moving and chaotic”, Judge Kerr said that the atmosphere between the five men initially “appeared to be good natured”.
The first defendant and ex-soldier was picked up on CCTV climbing a small tree whilst his friend was “milling around” talking to the three injured parties.
Judge Kerr said that “at some point sectarian comments were made” which he said “triggered the assault which followed”.
In the aftermath of the incident, the injured parties all claimed that the defendants made sectarian remarks whilst the second defendant made the case it was the other men who hurled sectarian abuse.
Judge Kerr said it was not possible to ascertain who made sectarian comments and whether or not they were “aggressive”.
What is not in dispute, the Judge said, was that the first defendant “initiated physical violence” at a point where the second defendant was sitting on the ground with at least one of the injured parties “standing over him”.
The violence started when the first defendant pushed one of the injured parties to the ground and punched him. When this occurred, a second injured party tried to intervene in a bid to protect his friend - but he was also punched by the first defendant.
The first defendant then grabbed the third injured party and threw him forcefully to the ground. The second defendant then joined in the assault.
The assault continued and at one point, the first defendant picked one of the injured parties up off the ground, dragged him for a short period then threw him back on the ground.
He was also captured on CCTV grabbing of the injured parties and slamming him against the front of Abacus Beads, which smashed a window, then he threw him across the pavement.
During the incident, the second defendant kicked one of the injured parties in the head at he was on all fours. Both defendants then fled the scene.
The first defendant called the police, told them he had been in a fight outside McDonalds and he was located and arrested a short time later.
He gave a ‘no comment’ response during a police interview and the DNA from one of the injured parties was located on one of his boots.
The second defendant handed himself into the PSNI on April 3 and during interview, he said things had been ‘friendly’ with the other group before sectarian comments were made. He also claimed he ‘kicked out’ during the incident but had not meant to harm anyone.
Regarding the injured parties, Judge Kerr said one was aged just 18 at the time and sustained several significant injuries including a fractured elbow and a fractured collarbone.
This, the Judge said, affected his education with the incident leaving him with “significant long-term affects” such as being unable to play sports and anxiety. A second injury party spoke of the psychological impact the attack has had upon him which includes panic attacks and nightmares. Judge Kerr then turned his attention to the defendants.
Regarding the first defendant, the Judge spoke of PTSD symptoms which date back to his time spent in Afghanistan. He denied any sectarian motive in the attack and claimed he acted the way he did as he believed his friend was being attacked.
Revealing he had received 15 references, Judge Kerr said these set out how the first defendant was a respected member of his community and is a carer for two elderly relatives.
The Judge said the second defendant did not start the violence, “played a lesser role” and “very foolishly joined in when he shouldn’t have”.
After the sentences were imposed, the two defendants shook hands with one going into custody and the other leaving the dock.
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