A Co Tyrone man accused of stealing a banner depicting loyalist killer Wesley Somerville has pleaded guilty to a lesser charge of attempting to cause criminal damage.
Frank McGirr (66), of Shanliss Road, Stewartstown, was originally accused of stealing the banner from a lamppost in Moygashel, outside Dungannon, in June 2017.
He elected to have the case heard at crown court.
Numerous adjournments followed while legal discussions continued but yesterday a prosecuting lawyer told Dungannon Crown Court a resolution had been reached.
McGirr, who attended in a wheelchair and was excused the requirement to enter the dock, pleaded guilty to an additional count of attempting to cause damage to the banner, with the theft charge being “left on the court books”.
The court heard that police were called to Moygashel following a report of a man taking down the banner and when officers went to McGirr's home, it was discovered in his bin.
He accepted taking it because he found it “offensive” and said he had intended to bring it to the local council the following day.
A statement was taken from Vincent McNickle, chairman of Moygashel Residents Association, who claimed ownership of the banner and it was later returned to him.
Defence counsel Blaine Nugent said: “In short, my client was offended by what was on the banner. I have told him I do not intend to get into the politics around this, but it is fair to say the person depicted was known to be part of an enterprise who murdered members of the Miami Showband, who were known to my client.
"He felt quite strongly about the banner although accepts he should not have taken the law into his own hands.”
Wesley Somerville was killed along with fellow loyalist Harris Boyle as they placed a bomb on a minibus carrying the Miami Showband near Banbridge in Co Down in July 1975.
When the device exploded members of the loyalist gang - some of them also UDR members - opened fire on the band, killing lead singer Fran O'Toole, guitarist Tony Geraghty and trumpeter Brian McCoy and wounding two others.
Mr Nugent said McGirr “never darkened the door of a court” until aged 60.
“He was a pillar of the community and chairman of his local football association. He did much youth work and was a very well-respected greyhound trainer. He established a very successful business.”
It was contended, however, that after suffering a brain injury in 2007, McGirr began exhibiting behavioural changes.
Mr Nugent added that “none of that is to say any of his behaviour is excusable”.
Judge Brian Sherrard said it was "an unusual case".
"Obviously, this type of behaviour has to be addressed.”
He said he was satisfied it could be dealt with by financial penalty and imposed a fine of £300.