Retired police officer convicted of a 'vicious' assault on a solicitor is spared jail
A retired police officer who assaulted a solicitor in a ‘vicious’ attack, has been spared jail.
The 69-year-old, from the east Antrim area, appeared in the dock at Craigavon Magistrates Court for sentencing.
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Alan Graham had previously pleaded not guilty to common assault and criminal damage.
The court heard Graham, who represented himself, attended at Bernard Campbell Solicitors on September 12 last year assaulting a solicitor and causing criminal damage.
While Graham pleaded not guilty, he was convicted after the matter was contested in court with the injured party, his wife and a receptionist at the firm giving evidence against the defendant.
A previous court in February heard that the case against Graham had been transferred to Craigavon Magistrates Court as the defendant had difficulty obtaining legal representation in Belfast.
Graham said he had spoken to two different solicitors “who hadn’t the manners to return my call” and also that “I approached the Police Federation solicitor Mr Edwards and Co in Belfast”.
“I have been a member of the Police Federation for 50 years. I paid them every month,” said the former officer.
“Have they decided to represent you or not?” asked Judge Ranaghan and the defendant replied “No”.
During the exchange with the judge at that previous hearing, Graham was told several times to “calm down and sit down”.
At the latest hearing, District Judge Michael Ranaghan said there had been strong evidence against the defendant and it should “never have been taken to contest”.
He said this has been “a very stressful” period of the injured party.
The district judge referred to the Victim Impact Statement in which the injured party speaks of a “long lasting impact, of an impact that stretches beyond him, impact on his family, impact on his business and indeed impacts on whether or not he sees fit to continue with that business”.
He described these as a “aggravating features” of the case, however he said Graham does have a clear record.
"This assault on [the named solicitor] occurred at his place of work in the presence of his spouse and his employee. All of those matters, Mr Graham, means the custody threshold is wide open,” said the district judge.
He sentenced Graham to five months in jail for the common assault offence, suspending it for 18 months.
“The criminal damage, albeit it has a higher tariff, it was part and parcel of that vicious assault,” said the district judge, sentencing Graham to a concurrent five months jail term for that offence and suspending it for 18 months.
The district judge told Graham that the victim, his family and his business “require long term protection from you exposing you to further criminal sanctions if you breach it” and issued a three-year Restraining Order.
He pointed to “additional degradation” of the victim by the defendant “referring to his physique and saying if you wanted to hurt him you could have”.
"He appears to be a gentleman who does not take, unlike you, the law into his own hands but nevertheless you decided to submit him to that additional degradation,” said the district judge, ordering Graham to pay the victim £750 compensation plus £50 for the damage to a shirt.