Moneymore couple cleared of assault on police

A MONEYMORE couple, cleared in Court on charges of disorderly behaviour, assault on police and resisting arrest, are to launch civil proceedings against the Public Prosecution Service for malicious prosecution.

Colm and Lisa Devine, from Elm Park, claim that were assaulted by police officers after leaving a bar in Irish Street, Dungannon, on February 19th, after a night out with friends.

Colm Devine sustained serious facial injuries including an un-displaced fractured eye socket while Lisa Devine sustained bruising to her face.

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Both Colm and Lisa Devine were arrested for disorderly behaviour, assault on police and resisting arrest.

Colm Devlin was firstly taken to Craigavon Area Hospital where he received treatment for his injuries and thereafter conveyed to Omagh police station where he was subsequently charged with disorderly behaviour, assault on police and resisting arrest.

Lisa Devine was conveyed to Omagh Police Station where she was charged with disorderly behaviour, assault on police, resisting arrest, obstructing police and criminal damage.

Both defendants were bailed to appear at Dungannon Magistrates’ Court on 14th March 2012 when the charges were connected in court and the matter was subsequently reported in local newspapers. Both defendants entered not guilty pleas to all charges.

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On Monday 3rd September 2012 both defendants appeared before Dungannon Magistrates’ Court represented by Mr. Desmond Fahy, BL and Mr. Steffan Rafferty, BL, instructed by Joe Hackett of Sheridan & Leonard, Solicitors.

Both defendants were found not guilty by direction of District Judge Meehan at the end of the Prosecution case after one of the officers admitted making a false statement and failing to properly investigate the matter by not pursuing all CCTV evidence which would exonerate both defendants.

District Judge Meehan also directed that the matter be referred to the Director of the Public Prosecution Service for prosecution of the police officer for perjury.

Mr Joe Hackett, on behalf of Sheridan and Leonard, Solicitors, stated that the couple have been advised not to make any statemrnts to the Press because of pending civil proceedings against the PSNI for assault and battery, as well as civil proceedings against the PSNI officers involved, the Chief Constable of the PSNI and the Public Prosecution Service for malicious prosecution.