Pair hounded man across pitch with hurley and post

Pair hounded man across pitch with hurley and post

18 May 2016

TWO Downpatrick men who pursued a man across Dunleath playing fields armed with a hurley bat and a wooden post have avoided jail.

Sean Fitzsimmons (20) and Martin Lynch (44), both of Carraig View, appeared for sentencing at the local Crown Court on Monday.

Prosecuting lawyer Sam Magee said that on the afternoon of April 14, 2014, Lynch drove a car towards the victim at the Dunleath fields in Downpatrick. Joined by Fitzsimmons, they then chased him — Lynch with the hurley bat and Fitzsimmons with the post. 

Fitzsimmons also struck the victim, who managed to run away and pick up a stone to smash their car window. He then escaped in the car and drove to the police station for help.

Both defendants were charged with possessing an offensive weapon in a public place, with Fitzsimmons also facing an additional charge of assault.

In a separate case, Fitzsimmons was also sentenced on Monday for five counts of burglary, attempted burglary with intent to steal, resisting police, possessing an offensive weapon and carrying an imitation firearm.

The burglaries occurred at houses in The Crescent, Carryduff in the early hours of December 17, 2014, after he stole a Peugeot car, a mobile phone, a driving licence and £45 from a house at Station Road, Killough.

Police were alerted by a security light at The Crescent, two open garage doors and Fitzsimmons’ stolen car with its boot open. Police then spotted him carrying out a box of items including a remote control boat. Other items found in Fitzsimmons possession included a bicycle, beer, wine and soft drinks, a power washer and a hedge trimmer.

When police approached him he kicked a knife towards a hedge and ran down the street when they tried to handcuff him.

Interviewed by police, he said he had been helping a friend to move but refused to name the friend. He then told police he would be “in trouble” if didn’t get a bag of his clothes retrieved from the car. In the bag police found an imitation firearm. 

A defence lawyer told Monday’s Court that Fitzsimmons had been under a “negative peer influence” and had experienced issues around alcohol misuse.

He also pointed out that Fitzsimmons had already spent six months in custody.

Referring to the incident at Dunleath Park, the lawyer said his client deserved substantial credit for his guilty plea as the injured party had not appeared in court to give evidence.

Lynch’s defence barrister also pointed to his client’s guilty plea for the Dunleath Park incident. 

He said a “trivial disagreement”, which originally had nothing to do with his client, had got “out of control”.

The barrister said Lynch’s offending had decreased in recent years and that he felt a “bit long in the tooth” to be appearing back in court.

Judge Stephen Fowler QC said be believed Lynch was genuinely ashamed by his behaviour and put him on probation for two years.

Turning to Fitzsimmons, who has nine previous convictions, the judge said he was “beginning to gather together something of a record”. But the judge also said that in his offending Fitzsimmons had been left “carrying the can” by “much more experienced” and “sinister” individuals.

He told the defendant: “I am going to give you a break.”

As an alternative to custody on the burglary charges and the offences at Dunleath Park, the judge imposed 100 hours community service and three years on probation.

“I would like to try to see if there is some way of getting you back on track,” he said.