A Co Down man who called a judge a "scumbag'' during a court outburst was today sentenced to 30 months for contempt of court and for assaulting and harassing his neighbour.
Patrick Joseph Russell (31), of Ardglass Road, Strangford, was told by Judge David McFarland that he would serve half his sentence in custody and the remaining 15 months on supervised licence on his release from prison.
Proseuction lawyer Laura Levers told the Belfast Recorder that the contempt of court arose during a hearing at Downpatrick Crown Court in May this year when Russell and his partner Hannah Barton appeared before Judge Piers Grant.
The court heard that after adjourning the hearing and remanding the couple in custody to await sentence, Russell shouted "scumbag'' among other offensive remarks at the judge after he left the courtroom and retired to his chambers.
A threat was also made to a police officer and a second man at the back of the court approached the police man. As a result of the outburst, the court was cleared and the PSNI were called to the scene.
Russell had admitted assault occasioning actual bodily harm on his neighbour and also harassing the man by mobile phone. He was formally arrainged today on the charge of contempt of court and pleaded guilty.
The court heard that Hannah Barton had been in conversation with the victim on October 22, 2013 during which she claimed he called her partner Russell a "scumbag''.
Judge McFarland heard that Barton told Russell what his neighbour had called him and he then confronted the man at his home.
The victim told police Russell turned up at his door with "a clenched fist and a key between his fingers'' and started to punch him to the head and "put his fingers in his eye in a gouging motion''.
After headbutting the man to the face, Russell told him: "You are the scumbag''. The victim suffered lacerations to his face and sustained bruising and swelling to an eye and his nose.
In a victim impact statement, the injured party said that following the incident his sleep had been affected, he had been left agitated and no longer felt safe in his home.
Ms Levers said that Barton was questioned by police but she denied any involvement and said Russell was not at home. However, during a search Russell was found by officers in her bed and had to be restrained during arrest.
During interview he initially made no comment and both were bailed by police pending further inquiries.
But in December 2013, the court was told, the victim started to receive calls from Russell on a witheld number who made a number of violent threats. The caller told him: "You are a dead man. I am going to cut your throat.''
Russell was arrested but denied making the calls and claimed the calls were made by another person who took his phone during a party.
The court was told Hannah Barton (24), of Hunter's Way Ardglass, admitted obstructing police and Judge Piers Grant imposed a suspeneded sentence.
In relation to the contempt of court, defence QC Eugene Grant said Russell had "reacted'' to Ms Barton being remanded in custody and the effect that would have on their two young children.
"My instructions are very clear. He has expressed his sincere remorse and is extremely sorry for his behaviour in court. There are no excuses for that.''
Mr Grant QC added that there was "bad feeling'' between his client and the injured party over a £1,300 car debt and Russell had "over reacted'' to what his neighbour had said about him.
The Belfast Recorder said there were a number of aggravating factors in the case stating Russell had an "appalling criminal record'' with 11 previous convictions for assault and he had also failed to abide by a number of suspended sentences and probation orders in the past.
Judge McFarland said a further aggravating feature was that Russell was on bail when he made the threatening phonecalls while a police investigation was ongoing into the assault on his neighbour.
Adding that although judges are "robust'' to outbursts in court, "contempt of court is a serious matter not only for the courts but also for the victim and the public as a whole''.
As well as handing down a 30 month sentence, Judge McFarland also imposed a restraining order on Russell for the next two years against harassing his victim.
