Court plea saves man from jail

A SUCCESSFUL plea for mercy was made in court by a barrister for a Rasharkin man who has had "an awful lot of misery heaped upon his shoulders".

The barrister asked the District Judge at North Antrim Magistrates Court in Coleraine not to add to the woes of 23-year-old Dermot Casey of Townhill Road.

The defendant drove a Rover car on the Movanagher Road on August 18, 2008, even though he was disqualified and he was under the influence of alcohol.

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He was without insurance and he assaulted a female constable and obstructed another constable.

He had previously been convicted for driving whilst disqualified at an earlier court and as such faced going to jail over the August 2008 charge.

A prosecutor said police went to Movanagher Road after a caller said they had been walking and noticed a vehicle had crashed.

Police spoke to Casey who resisted officers and had to be handcuffed and struck a constable on the face.

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An alcohol sample gave a reading of 73 which was 38 over the legal limit.

The defendant originally told police another person was driving the car.

The defence barrister said Casey apologised for his actions and had expressed regret over the whole incident.

The barrister said that as recently as January 2009 the defendant has sustained a "terrible family tragedy". He admitted the problem in the case was that Casey has already a suspended jail term for driving whilst disqualified.

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The defence lawyer added the offences in August 2008 occurred at a time when the defendant had many issues to deal with in his home life in the period leading up the family tragedy last year.

He added: "Life had dealt Mr Casey a very unfortunate hand. He has had an awful lot of misery heaped upon his shoulders. I would ask that that not be added to."

The barrister said he understood suspended sentences were put in place for a reason but he said at the time of the offences in August 2008 "all sorts of issues were swirling around" in his client's life who had sought solace in alcohol.

District Judge Richard Wilson said his norm in such cases was jail but after listening to the barrister's submission he said there were very distinctive situations ongoing in Casey's life and he hoped that has now passed and the defendant and his family can try to move on.

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Having regard to what he heard he said he would take the "unusual" decision not to jail Casey.

He added: "But if you dare drive whilst disqualified again you will get no sympathy. You have had your chance. Count yourself fortunate."

Casey was put on Probation for 18 months with a condition that he takes part in a 33-session-long 'Think First' programme. He was also banned from driving for three years and fined 800 and ordered to pay 100 compensation to the police constable he assaulted.

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