Case referred to the Police Ombudsman

Peter George Anthony Neill (23), of Somerset Drive, appeared in court last Wednesday after being arrested for being in breach of bail.

Court heard that Neill was observed by a police officer driving a red Mitsubishi Colt at Lodge Road roundabout on February 9 at 3.30pm.

Constable McAleese told the court that she had noticed Neill exiting the Lodge Road roundabout.

She informed police that Neill is not permitted to drive, as a condition of his bail, except when he is transporting his partner and his young child to his partner’s grandfather’s home in Limavady.

She said that Neill is required to inform police when he makes the trips to Limavady with his partner. She said that when she spotted Neill, she returned to the police station, checked the log records which indicated that Neill had not reported his movements to officers.

Neill’s solicitor, Garrett Greene, claimed that Neill was not the owner of the Mitsubishi Colt, however Const McAleese replied that she had checked this and Neill was still the registered owner of the vehicle.

Mr Greene said that Neill had been stopped and searched by police seven minutes before Const McAleese claimed to have seen him at the Lodge Road roundabout.

The solicitor handed over police documentation, detailing the search that was carried out on Neill at the Riverside Regional Centre. The solicitor said that after Neill had been searched, he went on foot to the bookmakers in Waterside, where his friend had placed a bet on a horse race.

Mr Greene said he could provide other witnesses to confirm Neill’s attendance at the bookmakers, at the time the constable allegedly passed him at Lodge Road.

District Judge Richard Wilson adjourned the hearing until Friday, to allow the officer to inquire about Neill’s attendance at the bookmakers.

At Friday’s court, Garrett Greene said he had asked that the matter be referred to the Police Ombudsman.

He highighted the evidence given at Wednesday's hearing regarding the defendant allegedly being seen driving a Mitsubishi Colt.

Mr Greene said that he had since checked and found that the log book showed the car is owned by a completely different person and that he was forwarding that information to the Police Ombudsman.

Mr Green said that he appreciated that an "eyewitness can be mistaken" but said it was "only by good grace that he [Neill] was fortunate to be identified on CCTV".

Adding that there were a number of matters arising from Wednesday's hearing regarding evidence given under oath, Mr Green said that there could be an "abuse of public trust" in these matters.

"In these circumstances, I have requested that the matter is referred to the Police Ombusdsman," said Mr Greene.

District Judge Richard Wilson said that it had been brought to his attention that Neill's behaviour when leaving the court on Wednesday was "inappropriate".

He added that if Neill had been brought back before him on Wednesday, he would have taken action.

Mr Green said that he could understand Mr Neill's "degree of frustration".

"That may be but we have a justice system and it's not up to him to be abusive," replied Judge WIlson.

At this point, Neill interjected: "I said you would need to get your eyes tested".

Judge Wilson said that his language and behaviour was inappropriate. "It could be deemed as contempt of court which brings 28 days in prison. Keep your mouth shut."

The case will come to court again on March 22.