Defendant tells police: "cheerio scumbags"

Defendant tells police: "cheerio scumbags"

The case was heard at Craigavon Magistrates' Court.

Staff Reporter


Staff Reporter


Friday 2 September 2022 14:00

A defendant, who took drugs twenty days after receiving probation, has been jailed for three months pending appeal.

The case of Kevin McShane, (41), of Church Walk, Lurgan, was heard at Craigavon Courthouse sitting on Wednesday, August 31.

The court heard that on July 27 last year, police searched an address in Lurgan courtesy of a warrant and located 25 grams of suspected herbal cannabis valued at £250, as well as strips of gabapentin to the value of £15.

The defendant was a resident of the property and made admissions that the drugs belonged to him.

On August 3 last year, police on mobile patrol on the Tandragee Road area of Lurgan observed a vehicle and checks showed there was no valid certificate of insurance in place.

They stopped the vehicle, spoke with the driver who identified himself as the defendant and stated he had trade insurance for the car but was unable to produce his driving licence or a certificate of insurance.

On August 6, McShane attended a nearby station and produced his driving licence, however, he only produced a cover note from AXA and did not produce a certificate of insurance.

Enquiries were made with AXA who informed officers that the insurance was voided due to a lack of convictions being recorded by McShane.

Furthermore, on December 10 last year, police stopped a dark coloured vehicle on Charles Street, Lurgan, and spoke with the driver who was the defendant.

Upon doing so, police had reasons to ask McShane to leave the vehicle and he jumped out of the vehicle, onto the footpath and was in an agitated state. He began to shout “hurry up scumbags” and “f**k off scumbags”.

McShane then clinched his fists and continually shouted “hurry up scumbags”.

The defendant was warned about his behaviour, and after being warned not to repeat his language any further, he walked off shouting “cheerio scumbags”.

In his defence, the court was told that McShane has one further matter pending and that his insurance automatically renewed in July last year but he didn’t declare a change and subsequently it was voided a month later.

In terms of the disorderly behaviour, a solicitor outlined that McShane feels “persecuted” because he is stopped regularly due to his record but realises he acts “inappropriately” and that it does him no favours.

District Judge Peter Magill said: “You have 72 prior convictions and you clearly have problems with drugs and the police.

“You lie about your insurance history, a report doesn’t help me as you had to be asked to leave the office, so you are a man who apparently doesn’t care.

“I don’t see any other option but to impose an immediate custodial sentence in respect of these matters.

“But you pleaded guilty so you’re entitled to credit for that and I will therefore take into account totality in respect of these matters.”

For the offences on July 27 last year, the Judge imposed a two-month custodial sentence for each of the two charges to run concurrent.

McShane received a one-month custodial sentence for the disorderly behaviour charge to run consecutively with the offences on July 27, meaning a three-month sentence.

For making a false declaration to obtain insurance, the Judge imposed a fine of £250 and a six month disqualification and a £250 fine for driving without insurance.

An immediate warrant in respect of the fines was set as one week in default.

McShane wished to appeal the sentence was released on his own bail of £100.                         

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