Businessman ‘fails the attitude test’ during court case

Businessman ‘fails the attitude test’ during court case

16 July 2014

A DOWNPATRICK businessman was sent to the cells on Thursday after a judge held him in contempt of court.

Building contractor, Bartley Murphy (50), “failed the attitude test” according to Deputy District Judge Peter King.

Mr. King had just fined Murphy £750 for assault and criminal damage when the incident occurred.

The businessman had interrupted the judge during sentencing, wanting to give his version of events, but this did not go down well with the visiting judge. A retort of “Right, all the best” as he left the left the dock was also considered inappropriate and Murphy was called back into the dock and sent down to the cells.

Over 30 minutes later Mr. King returned to the court room and allowed Murphy back in court.

His solicitor Joe Mulholland began the apologies, saying he was “mortified” by his client’s behaviour and that he had returned to the court a “different man”. He said Murphy naturally had “a very loud voiced” manner.

Apologising, Murphy told judge he had misunderstood his remarks on his presentation in court, believing it was a criticism on what he was wearing.

“I apologise,” he said. “I thought I misunderstood something you said. I just apologise, that is all I can say. I thought when you addressed me you were talking about my attire.”

Mr. King then assured Murphy that he was not inappropriately dressed.

“Really, in comparison to how many people dress for court you more than cross the bar,” he said.

Mr. King said he had been considering re-sentencing the defendant due to his attitude but decided to keep to the original fines. He also purged him of his contempt of court.

Earlier that day the court had been prepared for a contested hearing, with Murphy, of Demesne Road, denying common assault, two counts of criminal damage and resisting police.

Guilty pleas were then entered on one count of common assault and one of criminal damage and the other charges were ped.

The charges related to an incident in which Murphy assaulted a man serving legal papers on him on April 17 in Downpatrick.

The delivery had been attempted at his home address earlier and later made at the Maxol garage on New Bridge Street.

The injured party tapped Murphy on the shoulder with the papers, the court heard, and walked away when Murphy advanced towards him.

Police, who had been at the garage at the time, warned Murphy not to do anything but a “chest to chest” confrontation occurred with Murphy then pushing the injured party on the chest. No injury was caused.

A camera attached to the delivery man was grabbed and damaged. A struggle between the police and the defendant then ensued 20 to 30 feet across the garage forecourt. Some damage was also caused to the injured party’s car during this but this charge was not proceeded with.

When arrested Murphy made full admissions regarding the camera, worth over £600, but denied assault or damaging the car.

Defence barrister Paul McAlinden said: “There is a history behind this case.” He said Murphy was “hit on the back” with the papers and told ‘you’re served’.”

He said his client apologised in relation to the camera damage and that the assault was “very, very minor” and “more touching”.

Mr. McAlinden said Murphy employed many people in the town and had a good relationship with police.

Deputy District Judge Peter King said: “This case troubles me because you come to the court with 44 previous convictions. It troubles me because you know exactly why the injured party was meeting you. It is quite clear you met him by arrangement.

“It is quite clear for some reason better known to yourself you decided to throw your weight around.”

For common assault a £500 fine was imposed and for criminal damage, £250. A compensation order of £750 was also imposed.