Smeared faeces on wall of his cell

Damien James McMahon, whose address was given as Portmore Street, Portadown, was sentenced for criminal damage to the cell on June 19 this year.

The court heard that he had been questioned in relation to other matters and in the cell he put his boxers around his neck. Police took them off him and he defecated in the cell before smearing it on the walls. It cost £12.38 to have the cell cleaned.

Defence barrister Aaron Thompson that his client was on his way to custody and would say there was nothing else he could do.

He added that it could be seen from the pre-sentence report McMahon had lung trouble and suffered from COPD.

District Judge, Mrs Bernie Kelly, pointed out that taking copious amounts of alcohol and drugs on a daily basis and smoking cannabis would not help his COPD.

Mr Thompson said the defendant accepted this was a ‘repellent offence’ and asked the judge that if she thought it was so serious there was only one penalty she could impose to leave something hanging over his head.

He added that McMahon had the money in court to pay for the cost of the cleaning.

Judge Kelly said that the offence taken in context with an atrocious record for someone so young meant there was only one penalty she could impose.

She sentenced him to five months in prison which she suspended for three years and made a compensation order for £12.38.