Judge Kerr said: “One view I have no doubt about is that no matter what I decide this is a case for an immediate custodial sentence.”
A 60-year old man was remanded in custody today for being part of a group of masked men involved in a ‘show of strength’ in east Belfast.
Derek George Lammey will be sentenced next week after he was found guilty earlier this year of an offence of intimidation.
Lammey, of Spring Place in east Belfast, was acquitted on charges of unlawful assembly and affray.
Co-accused Stephen Matthews was cleared on charges of unlawful assembly, affray and intimidation dating back to February 2021.
Judge Gordon Kerr KC delivered his judgement in May this year following a non-jury trial which was held at Belfast Crown Court the previous month.
During the hearing, the Crown made the case that both men were involved in an incident in the Pitt Park/Fraser Pass area of east Belfast.
Both Matthews and Lammey denied all the charges levelled against them.
As well as refusing to answer questions during police interviews following their arrests, both men also declined to give evidence at their trial.
It was the Crown’s case that both Matthews and Lammey were part of a “threatening and intimidating group” of masked and hooded men who gathered in Pitt Park and then walked to the Ballymac Centre which was occupied by women and children.
Those inside the Centre included the wife and daughter of murdered local man Ian Ogle.
The crowd gathered outside the centre for a short period and some comments were directed to those inside before the group dispersed.
When she was called to give evidence, Mr Ogle’s daughter, Toni Johnston, described the scene inside the Centre as “absolute chaos” and said the incident left her “terrified.”
Several police officers who were in the area on the afternoon of February 2, 2021 were called to give evidence.
From the witness box, one constable confirmed he knew both men well and that despite them both wearing masks, he was said he was able to identify them.
Concerning Matthews, the officer said he had known him for “many years” and identified him from his height and build and that some of his face was visible.
When asked about Lammey, the constable said the accused spoke to him and said ‘watch that Corona Virus’ as he passed him as part of the group and that he recognised his voice.
The policeman was also asked by the defence if, that afternoon, he identified a crime or criminal offence and he replied “no.”
During legal arguments on Thursday, a senior prosecution KC said the incident at Pitt Park involving up to 60 masked men “was on behalf of and for the benefit of a terrorist organisation” as specified in the Terrorism Act 2000.
He said the court did not have to identify which proscribed terrorist organisation was involved and “it could be inferred as the loyalist side of the house”.
The senior prosecutor said the “benefit” for a proscribed terrorist organisation was to “intimidate members of the public through their enforcement of power in that area”.
He told Judge Kerr that it was a “high culpability case given the number of men involved which was quite sinister and also the defiance of the police presence at the time”.
The barrister said it was the prosecution view that the sentencing range for the offence was one of two to three years to act as a deterrence to the defendant and to the wider public.
Defence counsel Joseph O’Keefe KC said Lammey “played no organisational role” in the ‘show of strength’ and there was “no concrete benefit to any proscribed terrorist organisation”.
He said there was a “walk through to the community centre, a short pause and then a walk back”.
“Just because there is a crowd in that particular area does not mean it was a proscribed organisation,” submitted Mr O’Keefe.
“Someone from the crowd shouts up at the centre but that was not Mr Lammey. He was not involved in the planning and he just simply walked with the crowd which was of short duration.”
Mr O’Keefe said in his view the sentencing range was one of one to two years and added the defendant had already spent two months on remand after his initial charging over the incident.
Following legal submissions, Judge Kerr said: “I wished for the assistance of counsels today to determine the terrorist sentencing regime issue.
“I have considered the papers at length and the submissions that have been made.
“One view I have no doubt about is that no matter what I decide this is a case for an immediate custodial sentence.
“Accordingly, the defendant will be remanded in custody and I will sentence next Wednesday.”
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