A man who “reacted badly” when he was selected for an examination under terrorism legislation after arriving at City Of Derry Airport following a family holiday in Spain last year, was fined £1,000 at Derry Magistrates Court on Tuesday.
Kevin Connolly Brady, 42, from Ballymagowan Avenue in the Creggan area of the city, was convicted by Deputy District Judge John Rea following a paper contest of a single charge of wilfully obstructing or seeking to frustrate a border patrol officer in a search or examination under the Terrorism Act 2000.
The incident occurred when Brady arrived with his wife and son at the airport from Majorca last August 16.
CCTV footage of the incident was played in court showing Brady being selected by the border control officer for an examination.
A prosecution barrister told the Deputy District Judge “after the defendant was told this he walked off to the exit doors and told the officer - f*** off, I am not going anywhere with you”
“The defendant became angry and verbally abused the officer and tried to walk past him. The officer stood in front of him and he was again told he was being examined under terrorism legislation. When a second officer approached him the defendant became angrier and repeated - I am not going anywhere with you.... He was given a copy of a lawful explanation which he then tore up and dropped on the floor.”.
The prosecutor said Brady had a conviction for a similar offence in 2019 and had suspended sentences imposed on him for other offences in September 21 and February 23, one of which was still live.
Defence solicitor Paddy MacDermott submitted Brady’s reaction “was not an obstruction of the legislation. He had waited patiently for several minutes while the police checked his passport. It is clear from the CCTV footage he is known to the police.
“His wife is also known to the police. He conducted himself in a bad tempered way and reacted badly but that does not constitute an obstruction of the examination. He accepts it was not good behaviour to react in the way he did.”
Mr. Rea said while he was making no order in relation to the live suspended sentence, it was clear from the evidence that Brady “refused to engage in any way with the officer. He used bad language when the officer told him he had been selected for an examination”.
He then fined Brady £1,000 and gave him 26 weeks to pay the fine.