Craigavon judge offers Co Armagh father and son a choice of sentence after conviction following house attack in Lurgan

Barry Lavery, aged 41, from Belvedere Manor, Craigavon faced two charges, criminal damage and possessing an offensive weapon, namely a roof tile.

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His son Niall Lavery, aged 21, of the same address, had previously pleaded guilty to two charges of criminal damage and possessing an offensive weapon, namely a plank of wood.

At 1am on May 5 last year police received a report of an ongoing criminal damage incident at Filbin Crescent, Lurgan, but the suspects had left before police arrived.

It was claimed there was an “altercation” between a resident of the property and one of the defendants, Niall Lavery, earlier that evening. It was claimed he had damaged the reporting person’s car wing mirror.

"The reporting person stated that Niall Lavery and a number of family and friends came to the address to confront the occupants. As things escalated Niall Lavery, his father Barry and two other unknown males threw various objects damaging the front windows.

"Two other witnesses inside the address refused to co-operate with police,” said the Prosecutor, adding there was a claim of £1,900 for damages.

The Laverys’ barrister Mr David McKeown said there was a dispute over this as it was estimated at £1,200.

District Judge Peter Magill said: “The injured parties are a cousin and uncle of Niall. So they are all related.”

"So this all, according to the defendants and I assume also the PPS, occurred because Niall was assaulted by the people who live in the house and he got a broken eye socket?” asked the District Judge.

Speaking to both defendants, the District Judge said: “Gentlemen, I address you both. I have very much the flavour of it.”

He said: “These people don’t need Probation.” And he asked the defence barrister if the defendants would prefer Community Service or “something hanging over their heads”.

Mr McKeown said, having spoken to both defendants, that due to their work commitments and willingness to pay for the damage “a suspended sentence may be best”.

District Judge Magill said: “I don’t normally give people a choice as to what’s going to happen to them, I decide that. This is a very unusual case. Everyone’s being prosecuted here.”

The Prosecutor told the court that two other people were being prosecuted following the assault of Niall Lavery.

"The fact of the matter is, according to the PPS, as there are prosecutions in respect of the other people who are relatives of yours, Niall was assaulted and badly. His dad goes up to find out what’s going on and the whole thing gets out of hand. What happens is there are broken windows, door etc,” said the District Judge.

“This is not the way to deal with things. I can understand any father being concerned hearing his son had been assaulted but the right thing to do is pick up the phone and call the police,” he said. “If you had done that neither of you would be standing here today.”

In relation to both Barry and Niall Lavery he sentenced them to three months jail suspended for two years. Both were ordered to pay £600 compensation each.