Barrow man in funeral fracas while on bail

Source: North West Evening Mail

A 64-YEAR-old man was punched in the face after arguing politics with a former BNP supporter during an altercation.

Bernard Devlin

While on bail for the incident, Bernard Devlin, 56, then became embroiled in violent scenes with police at a pub following his sister’s funeral.

Both a police officer and Devlin were said to have been taken to hospital unconscious as a result of events following a wake at the Tally Ho pub in Ormsgill, Barrow.

Devlin’s barrister said it was a concern that Devlin and his family were met with a response by the police that may not be reserved for all members of the public.

The defendant, of Romney Road, Barrow, was given 10 months in prison, suspended for 18 months, with 12 months supervision and a four-month curfew, to run from 7pm-7am each night.

He had pleaded guilty to separate offences of assault occasioning actual bodily harm and using threatening words or behaviour.

A 15-year-old boy also appeared for sentencing, having admitted using threatening words or behaviour. He was given six months supervision.

Mr Fraser Livesey, prosecuting at Preston Crown Court, said Raymond Smith had gone out with his wife for a drink in July last year ending up at Yates’s pub in Barrow.

He and the defendant got chatting and it was amiable at first. The conversation moved into politics, with Devlin saying he was involved with the BNP.

Mr Smith disagreed with those politics and an argument ensued, which turned nasty and became heated.

At one stage, the defendant punched Mr Smith in the face, knocking out a tooth.

Devlin allegedly asked “Do you want some more?” Mr Smith suffered a second blow to the mouth.

The defendant told police in interview that the other man had been aggressive.

He was on bail over that when the second offence arose on September 14, 2009, following the funeral of his sister in Barrow.

One of the others who also attended was a girl who was in care and due to be picked up by social services, but was reported missing to the police.

A wake was taking place at the Tally Ho pub in Ormsgill and the girl was seen making her way from the pub.

A scene of disorder then took place nearby, the prosecution said.

Mr Livesey said that a PC tried to detain the girl, because he had been told she was missing.

The officer grabbed hold of the girl and Devlin attempted to push him off her.

Others became involved and at one stage, the policeman used his pava spray, a form of pepper spray.

The boy, then 14, had his fists clenched and was waving them around.

Devlin struggled with more than one officer and was detained after being taken to the floor. A policeman lost consciousness, having been kicked to the head, though it wasn’t clear by whom.

The constable went on to be diagnosed with concussion. Several people were detained.

Devlin suggested police had dealt with the matter in a heavy-handed way and that he had been “jumped on” by officers.

Mr Paul Humphries, for Devlin, said he had health problems. Regarding the assault offence, he had felt threatened and thought he wouldn’t be able to leave safely. The defendant had been threatened, abused and jabbed at, said his barrister.

The defendant himself had called the police. Regarding the second offence, back-up police had detained the girl who was in care. She had difficulty breathing because of the way she was restrained.

Mr Humphries told the court “Mr Devlin was dragged to the ground himself. He felt he was being kicked.

“He was held in a headlock. He had someone pressing into his jugular vein. Broken glass was pushed into his mouth and pava spray used.

“He was desperately trying to wipe his eyes. He was hit by police officers once or three times”.

The defendant ended up unconscious, recovering at hospital.

Mr Humphries also told the court that, over the years, the defendant had sought to improve conditions for people.

He had tried to get better policing for Barrow, more police visible on the streets and quicker and better response times.

In 2007, Devlin was charged with threatening behaviour after performing a citizen’s-type arrest on a youth.

By the time police arrived, seven hours later, he had let the youth go. However, the youngster complained to police. Devlin was later acquitted. of the threatening behaviour allegation and 130 people signed a petition to say they had lost faith in the police in the area, added the barrister.

“The defendant has tried to improve the situation for himself and others. It is a concern of his that he and his family are met with a response by the police which may not be reserved for all members of the public”, said counsel.

Mr Humphries added that the defendant had distanced himself from BNP.

He had got involved because his mother had been forced to sell her house to pay for her husband’s care and due to a lack of political parties to remedy the situation.

Judge Simon Newell told Devlin; in passing sentence regarding the assault, the defendant and the other man had been entitled to speak freely.But he added; “You behaved in an entirely disproportionate way to an argument that occurred.”

There is no way that can be justified.”The judge said of the second offence “It seems to me the most sensible thing that could and should have occurred was for you to assist all the people in authority to take the girl back to the safety of her care address”.