Men admit assault on 'peacemaker'

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Three men who attacked a "peacemaker" who intervened in a row arising from the murder of Robert McCartney have been given conditional discharges.

The trio assaulted Jeff Commander after a dispute in the Short Strand on 12 September, 2005.

Mr Commander was attacked by a gang of up to 10 men and required four staples to a head wound.

Samuel Edward Caskey, 44, Sean Clinton, 40, and Patick Magee admitted assault occasioning actual bodily harm.

Caskey from Dromara Street, Clinton from Balfour Avenue and Magee, 35, from Upper Donegall Street, were due to stand trial at Belfast Crown Court for unlawfully and maliciously wounding Mr Commander after pleading not guilty to the charge.

Legal representatives for the three men told the court that since the arrests for their roles in the attack, each of their clients have spent time in custody and have been forced to move from their homes in the Short Strand as part of their bail conditions.

On Wednesday, all three admitted to the lesser charge of assault occasioning actual bodily harm.

A fourth man, father of four Gerard Leonard, 33, from Lough Lea in the city, pleaded guilty to a charge of possession of an offensive weapon which arose from the same incident.

Sewer rods

The court heard that Leonard used the knife he brandished on the night in question to scrape chewing gum off the ground whilst in work, but had not taken part in the assault.

Crown prosecutor Stephen Fowler told Judge Desmond Marrinan that a dispute surrounding the murder of local man Robert McCartney broke out between two groups in the Short Strand and that Mr Commander was one of a number of people who intervened to stop the fighting.

After calm was restored, Mr Commander left the scene with his wife but returned a short time later to retrieve his car.

The barrister said a crowd of "eight to 10 men who had with them sewer rods" approached Mr Commander and while Clinton was armed with a sewer rod, Caskey and Magee were part of the group.

John McCrudden QC, representing Clinton, described his client as an "interface worker" and said the attack on Mr Commander was a "misunderstanding".

Magee's barrister, Arthur Harvey, branded Mr Commander's actions in the incident prior to his attack as "admirable", saying it was clear the victim was "attempting to calm over-excited individuals."

Forced out

Caskey's barrister, Eilish McDermott, said her client, was also forced to leave the Short Strand area "where he had been living all his life".

Martin Morgan, representing Leonard, told the court there was "nothing sinister" about his actions on the night in question, adding he was brandishing the knife as an act of bravado before leaving the scene.

Judge Marrinan accepted the defendants had shown remorse over the attack on Mr Commander, who he said was "an entirely innocent man trying to resolve a difficult and tense situation."

Telling Caskey, Clinton and Magee they had been "significantly punished" by spending time in custody and being forced to move from their homes, Judge Marrinan handed all three a conditional discharge for 18 months before adding: "I trust that all of you will be able, if you wish, to return to your homes which you are now perfectly entitled to do."

Addressing Leonard, the judge said he accepted there was no intention to use the knife to harm anyone before handing him a conditional discharge for 12 months.