Man given jail term for spitting in face of a police constable

Devidas Danupas from Calendine Wilds in Dungannon was told by District Judge Michael Ranaghan that his behaviour had been “disgusting” and had prevented the officer from going home to his wife.

A defence solicitor told Dungannon Magistrates Court on Wednesday that the 26-year-old’s recollection of events were “zero”, as he had consumed illicit drugs.

Danupas, who appeared in court remotely, admitted charges of stealing a mobile phone and a credit card; disorderly behaviour, criminal damage to a police cell van, and assaulting the officer.

The court heard at 10.50pm on April 30, Danupas pretended to fall off his bicycle while passing a parked car and proceeded to steal a mobile phone and Amazon credit card from the vehicle before cycling away.

Prosecution counsel said the injured party contacted the police and later called the phone, which was answered by the defendant, who asked him for £80 for the return of the mobile.

The lawyer said the police identified the call was from the Irish Street area and later spoke to the defendant who became aggressive towards officers.

Counsel said he was asked if he had Covid-19 and he replied he had and began coughing and spat on the ground.

Continuing, the prosecutor said Danupas spat in the face of an officer who had to use alcohol wipes to clean himself.

He said the defendant spat in the rear of the police cell van and continued to cough.

Counsel said the mobile phone was returned to the injured party but the credit card was not recovered. He said there was a victim impact statement made by the police officer.

A defence lawyer said the defendant was high on illicit drugs at the time and remembered “zero” about this distasteful incident, but now wished to genuinely apologise to the officer for the distress and inconvenience he caused him.

The lawyer stressed the “incident should not have happened” and that the defendant has now been in custody for three months.

Imposing the jail sentence along with a £25 offender levy, District Judge Ranaghan remarked that this unsavoury incident had taken place at the height of the Covid-19 outbreak, and his action had given great concern to the police officer until he was tested and found to be clear.

He said the defendant had also caused the officer to live away from home at a time when his wife was 38 weeks pregnant.