Defendant is ‘tip toeing around’ a custodial sentence

A Derry man who, two days after receiving a suspended sentence, urinated in public, was warned he is ‘tip toeing’ around a custodial sentence.

District Judge Barney McElholm was addressing Stephen McColgan at Derry Magistrate’s Court yesterday.

McColgan, of The Strand Foyer, admitted indecent behaviour following an incident in the Craft Village.

The court heard that on Friday July 5, the PSNI were called by members of the public who had observed a man urinating in a public area. Police tracked the 21-year-old through CCTV and offered him a fixed penalty notice, but he denied it was him.

A defence solicitor offered apologies on behalf of his client. The court heard the incident had occurred two days after he had received a suspended prison sentence.

Ordering a pre-sentence report, Judge Barney McElholm said: “He has a number of custodial sentences but has never had probation. I’ll give him the opportunity for help and to stop drinking; refuse that and a prison sentence will follow. There will be no more suspended sentences. You are tip-toeing around an immediate custodial sentence.” It was adjourned until November 1.