Lawyers for a tree surgeon accused of stirring up hatred after a model of a mosque appeared on top of the Moygashel bonfire have pointed out he is approaching time served on remand, if the case remains in the lower court.
Brian Neill (56) from Hollow Mills, Dungannon, is charged with threatening, abusive or insulting behaviour or displaying material in a manner to stir up hatred or arouse fear on July 8.
Dungannon Magistrates’ Court previously heard police were maintaining a presence in Moygashel where a bonfire had been prepared.
A structure had been placed on top that day which was covered by a blue tarpaulin, later found to be a model of a mosque
As well as on the ground, police were monitoring by helicopter overhead.
The court was told Neill was seen climbing the pyre and assisting two men in dark clothing and balaclavas to place offensive signage.
He was also seen to look under the tarpaulin and appeared to be videoing the helicopter on his phone.
On climbing down, the court heard, Neill moved through a crowd of around 70-100 people, some of whom put up umbrellas to avoid being seen.
He got into a blue BMW and drove away but was stopped by police and arrested.
During interview he said he was asked to assist with the signs because he is a tree surgeon by profession.
He denied any hatred towards immigrants or Muslims, however, refused to provide the PIN for his phone.
Bail was opposed on the basis Neill is a prolific offender with 123 previous convictions including numerous driving offences, riotous behaviour, assaults and court order breaches.
He had only left court on the day in question having been jailed but released on bail pending appeal and went straight to Moygashel and involved himself with the bonfire.
Since then bail has been refused, including twice at High Court.
Last month three men all from Moygashel were jointly accused of the same offence of displaying written material which was threatening, abusive or insulting, intending to stir up hatred or arouse fear.
They were Tyler Sommerville (28) and Simon Dilworth (58) both from Jacksonville Road, along with John Black (48) from Prince Andrew Crescent. All were remanded on bail.
Neill appeared by video-link before the most recent sitting where defence lawyers enquired whether a decision has been taken on whether his case is proceeding on indictment at Crown Court or is to remain in the lower court.
Barrister Patrick Taggart said, “In the event it is staying in the lower court the defendant is currently approaching being time served.”
A prosecuting lawyer advised a decision has not yet been taken in this regard and it is hoped this will be addressed in the near future.
District Judge Francis Rafferty remanded Neill in continuing custody to appear again by video-link for an update as to where the case will be heard on October 21.
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