Threats by a Co Armagh man that he would 'get the boys' to attack a person were 'menacing' to a marginalised community in Northern Ireland, a Craigavon judge said
Threats, by a man that he would ‘get the boys’ to attack a person, were ‘menacing’ and aggravated by hostility towards a marginalised community, a district judge has said.
Jordan Lee Clarke, also known as Jordan Lee Hackett, aged 32, with an address at Maghaberry Prison, Old Road, Lisburn appeared in custody in the dock at Craigavon Magistrates Court.
-
-
The defendant’s solicitor, Mr Philip Reid, said his client pleaded guilty, however the prosecution’s assertion it was marked with ‘hostility’ isn’t accepted by his client.
A prosecutor told the court that ‘voice notes’ were captured between the defendant and the injured party in which the defendant ‘threatened the injured party with an attack by others’.
He said Clarke did accept in interview he said he would ‘get the boys’ to attack the injured party.
Mr Reid said he was aware District Judge Suzanne Rice had heard the recording, adding his client did accept sending the message.
"There’s no dispute about the fact that if you make a threat to somebody over a message that would constitute improper use,” he said, querying that it was motivated by hostility.
Mr Reid said that the hostility aggravator “is in a situation where they’re singled out either as a person or a community”.
He said his client had make the comment in “the heat of the moment” and “as a response to having been assaulted by the injured party”.
"Certainly that is Mr Hackett's case, and I think police had noted injuries to him,” he said.
"So it seems that he was assaulted. He then made this call in response to that - obviously frustrated, angry at being assaulted. He shouldn't have done it, of course, it shouldn't have happened,” said the solicitor, adding “there were other avenues he could and should have” gone down.
"It was done in the heat of the moment and having been assaulted. We ask Your Worship to take that into account. That is not what the legislation is designed for, we say,” he concluded.
The district judge said: “You conducted, in a menacing way, communication with the injured party through voice notes which I have had the benefit of hearing.
"The issue before the court is whether this is aggravated by hostility. This makes it a more significant offence. I have had the benefit of hearing the voice notes and the comments that you made, Mr Hackett,” she said, adding that she noted his solicitor said they were made in the heat of the moment.
"Nevertheless there is one particular comment which you make in the voice note, clear for all to hear, where you reference in particular, the community to which this injured party aligns with.
“And that is a marginalised community within Northern Ireland and therefore it is very clear, having heard the full content, that the comments that you made not only was menacing in character but that it was aggravated by virtue of hostility and that hostility relates to the community in which the injured party identifies with,” she said, convicting the defendant with the hostility aggravator.
Mr Reid said the defendant is in custody on other matters, suggesting sentencing could take place on another day.
District Judge Rice adjourned the case until February 6 and sought a pre-sentence report ahead of sentencing.