A judge has warned anyone engaging in racist behaviour on the back of the Southport stabbings can expect to be remanded in custody.
He made the remarks after Jordan Apsley (23) from Greers Road, Dungannon was charged with two counts of assault, possessing a hatchet in public, affray, disorderly behaviour, threatening to kill and doing a provocative act.
Offending is alleged to have occurred in the Dunlea Vale area of Dungannon on August 1.
A police officer aware of the facts of the case told a special sitting of Dungannon Magistrates’ Court the charges, which are being treated as hate-crimes aggravated by racial hostility, could be connected.
This was challenged by the defence who stated no hatchet has been located.
The officer explained police attended a report on the afternoon of the day in question after it was alleged Apsley had arrived in the area brandishing a hatchet and threatening members of the East Timorese community while shouting highly offensive racist abuse which is too severe to publish.
However interspersed with this he repeatedly shouted: “No more stabbings.”
Objecting to bail, the officer said Apsley’s reply after caution was, “I have no faith in some police no more as they let their community get flooded with crack cocaine and black gangs.”
District Judge Francis Rafferty decided the charges had been lawfully connected after which the defence set about applying for bail
He referred to medical evidence showing Apsley suffers from Foetal Alcohol Syndrome which “the court will be very familiar with the difficulties this places on people. The defendant has problems with language, awareness, lack of social boundaries, inability to grasp instructions, hyperactivity and poor attention. He also mixes reality and fiction.”
In terms of the case itself the defence said: “There are numerous triable issues and the incident is denied. When police managed to locate the defendant, he didn’t have a hatchet, which effectively calls into question the whole basis for some of the charges.”
It was conceded Apsley has a previous conviction for possessing cannabis and: “Police haven’t made the case he would abscond or attempt to intimidate any witnesses. That means refusing bail could only come down to risk of reoffending and with suitable conditions and family members are willing to lodge a £500 cash surety.”
The defence concluded that Apsley “urgently needs mental health treatment and if released he could provide the court with proof he has attended for this, Given the very strong lack of evidence at this stage he is a suitable candidate for bail and trust can be out in him.”
Judge Rafferty however refused stating: “I have listened to what police have indicated and I note with some concern the after-caution statement. The defendant is alleged to have engaged with people in a racist and aggressive manner at a time of particular tension. His comment does him no credit. It does significant harm. I do not feel that his risk to the general public and other members of the community could be properly managed.”
Apsley was remanded in custody to appear again by video-link on August 21.
Judge Rafferty concluded: “There’s clearly a very significant racial aspect to this matter. Anybody engaging in this kind of behaviour at this particular time can expect to be remanded in custody.”
