A tree surgeon accused of stirring up hatred after a model of a mosque appeared in top of the notorious Moygashel bonfire has been refused bail again.
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.
Neill was seen climbing the pyre and assisting two men in dark clothing and balaclavas to place offensive signage.
He was also looked under the tarpaulin and appeared to be videoing the helicopter on his phone.
On climbing down 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 said Neill is a prolific offender with 123 previous convictions including numerous driving offences, riotous behaviour, assaults, 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
Bail was refused on that occasion and again on appeal at High Court a few weeks later.
A further application was mounted today which was again opposed, with the detective confirming investigations are ongoing an a further five arrests were made on August 25.
She advised, “Four people have been charged to appear next month and the other was released unconditionally. To our knowledge there was no public disorder in Moygashel as a result of those arrests … However there is strong public feeling about the bonfire incident which has made national headlines and extensive social media
Defence counsel Patrick Taggart queried the nature of the charges and pointed out the signs that Neill assisted putting up contained messages repeatedly “espoused by mainstream political parties across the water.”
He said: “It is accepted the defendant is a menace when he drinks. However, notorious as the bonfire is, it occurs once a year. The heat has gone out of that. He regrets getting involved and wasn’t aware he was committing a criminal offence. It was stupidly on his part. He is not charged with constructing the bonfire or lighting it or involvement in the placement of the model of the mosque. He simply climbed up and placed signs. It’s a legal issue as to whether the charge matches the behaviour.”
But rejecting the application District Judge Francis Rafferty ruled: “This man is a continued and continuing offender. He is an absolute menace which you readily concede. His record shows a total disregard for orders of the court. I’m not satisfied he is a suitable applicant for bail.”
Neill is scheduled to appear again by video-link next month on September 23.
