Lurgan man threatened a kebab shop owner and assaulted two police officers

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A Lurgan man, who assaulted two police officers after they responded to reports of threats made to a kebab shop owner, has been fined a total of £515.

Thomas Hamilton, aged 29, from Birchdale Manor, appeared before Craigavon Magistrates Court where he pleaded guilty to two charges of assaulting police on April 7 this year.

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Craigavon Courthouse. Picture: National World.Craigavon Courthouse. Picture: National World.
Craigavon Courthouse. Picture: National World.

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Hamilton’s solicitor, Mr Richard Montieth, said his client has a record but has no previous assault charges.

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The court heard that at 9.30pm on Sunday, April 7, police attended a report of a disturbance at Chilli Kebabs on High Street in Lurgan regarding an intoxicated customer making threats to the owner and his family and also threatening to burn the shop down. The court heard the owner refused to make a statement regarding the incident.

“The defendant had a bottle of Buckfast which he drank from a number of times. He was warned by police about drinking in a public place. He walked away a few times but reappeared walking on the opposite side of the road taking drinks from his bottle which he had already been warned not to drink in the High Street,” said the prosecutor.

She added that one of the police officers spoke to Hamilton and tried to remove the bottle from him. Another officer assisted and, at this point, Hamilton ‘squared up’ against the first officer. As he started to walk away he swung a plastic bag with ‘unknown contents’ just missing the officer. He was then arrested for assault on police.

In the police vehicle Hamilton was in the back seat with another officer and started struggling, putting his feet up against the front seats. An officer got into the front seat and tried to talk to Hamilton who then kicked him in the right cheek.

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Mr Monteith revealed that was the defendant’s third bottle of Buckfast from 11 o’clock that morning.

“He had been abstinent from drink for six months prior to that day and has been abstinent from drink since the incident. Looking at his record he has only gotten into trouble when he has been intoxicated. Normally he holds down a decent job at a local food processer out in the country.

“He is aware if he keeps coming back before the court he will, inevitably, end up in prison. He has benefited from Community Service in the past. He has pleaded guilty at the first opportunity. He has little or no recall about it.

"He was clearly in the kebab shop, clearly very, very drunk. Quite rightly there was a report made. He then didn’t take any advice from the police on two occasions. Rather than walking a mile-and-a-half home and go to bed he behaved as he did and then had the comfort of a cell for the night.”

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District Judge Michael Ranaghan said: “One officer was kicked to the cheek. You are lucky I didn’t hear that the officer sustained a significant injury. The restraint police in this jurisdiction show dealing with people like yourself – they simply shouldn’t have to.”

He said he would deal with it via a financial penalty. For the assault on the officer who was kicked on the cheek Hamilton was fined £300 plus the offender levy of £15. The other assault resulted in a £200 fine.