Co Tyrone man who couldn't remember smashing pub windows ordered to do Community Service

Forty-nine-year-old Benjamin Shanks, from Clare Cottages, admitted a charge of criminal damage at the Long Mile Bar at Oldtown Street on July 26.

Dungannon Magistrates Court heard on Friday that police were called to the incident which happened at approximately 10.13pm.

Prosecuting counsel said bar staff had asked the defendant to leave the premises after he became aggressive.

The lawyer said the defendant returned a short time later and with a vodka bottle smashed two windows.

He explained the incident was captured on CCTV and police later located Shanks at Molesworth Street and he told them he did not remember anything.

A defence lawyer said a “disgusting and derogatory” comment had been made to the defendant about his two-year-old son in the bar.

He pointed out that Shanks had admitted his guilt and entered an early plea to the matter.

District Judge Francis Rafferty remarked the defendant had not mentioned this to the police, and that he had told Probation he was not capable of community service.

Counsel said Shanks suffers from epilepsy, angina and depression and had other health concerns.

The judge said it wasn’t for the defendant to decide he isn’t fit for community service.

He observed that Shanks had managed to do no work for the last 35 years which “is quite a feat”.

Ordering to pay compensation of £540, Judge Rafferty warned him that if he failed to complete the order he would be brought back before the court.