A MAN has been convicted of resisting police following a contest at Enniskillen Magistrates Court on Monday.
On November 29, 2020, Nigel Leonard (48), with an address of Drumgallon, Enniskillen, was arrested by police following an incident in Bellanaleck.
Body-worn footage played to the court on Monday from the two police officers at the scene show the arrest of Leonard and a subsequent struggle between him and the officers in which they fall to the ground.
The court heard that one officer hit Leonard with a “dig” to the torso with his right fist to try and restrain him, while another officer hit him with his knee on the back of his leg.
Evidence from an arresting officer said they had been tasked to a call about an assault.
He described Leonard as “upset and aggressive” and when he arrested him and was walking him to the rear of the vehicle, Leonard tried to break free and run away before he grabbed Leonard and the two of them fell to the ground.
The officer said Leonard landed on top of him in a ditch, and once they got back to their feet, the defendant was still struggling.
His colleague told the court that when he saw the defendant struggling and the pair fell, he ran to aid his fellow officer, and it was at this point he hit Leonard in the torso.
Under cross-examination from Leonard’s barrister, Ciaran Roddy, both officers maintained they had acted appropriately as Mr. Roddy questioned them on their actions around the time of the arrest.
Mr. Roddy also questioned whether the officer would have hit Leonard in the torso if he had not been told to “hit him a dig” by the arresting officer.
However, the officer said he believed it was necessary to take that action, and said even if he had not been told to do so, he would have done it because of the defendant’s “erratic and violent behaviour”.
Leonard did not give any evidence during the contest.
Deputy District Judge Greg McCourt, in his findings, said it was a matter of credibility and if the officer correctly conducted himself when carrying out his duties.
He said Leonard was “quite excited” when approached and started shouting as soon as he was told he was under arrest, and when he was cuffed, Leonard did offer some resistance while walking to the car.
Judge McCourt said the body-worn footage showed the struggle actioned by Leonard, who resisted until eventually giving up, and he was satisfied with Leonard’s guilt.
He added that because Leonard did not give evidence, there was no explanation from him for his actions, and Judge McCourt advised Leonard that no matter what he is accused of, it is easier to go along with it – i.e., to give evidence – before fining him £400.
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