Coalisland man appeals jail term for attack on police

A COALISLAND man is appealing a jail term imposed after he spat in a police officer’s face.

Appearing via videolink to Dungannon Magistrates Court on Friday was Audrius Toliusus (33), of Mourne Crescent, as he faced his sentencing.

The court heard that, on April 11, a report was relayed to the police by the Ambulance Service of a distressed woman.

The woman claimed that her son was going through a ‘mental health episode’ and was ‘going mad’.

Police arrived to the address and were met by the parents of the defendant, who claimed they had been assaulted by him.

Toliusus then appeared at the door and ‘acted obnoxiously’ to his mother before turning abusive against the police, using homophobic slurs.

At this point defence counsel Michael Wilson interjected and noted that the assaults on the defendant’s parents were ‘technical’, as he had thrown an object at them which did not make contact.

Mr Wilson added that the slurs towards the police were not an ‘aggravating feature’, a note Deputy District Judge Ted Magill concurred with citing it was ‘abuse heard all too often to the police’.

Judge Magill clarified that it wasn’t aggravating feature as the defendant couldn’t have known the sexual orientation of the officers.

The court heard Toliusus then spat in the face of one officer as they attempted to arrest the man.

The Coalisland man was then brought to hospital by police, where he continued his behaviour in the waiting room, shouting, “I will f**king spit in your face,” to the officers in front of bystanders in the waiting room. He then smashed a hand sanitising station in the hospital, valued at £30.

He later provided a ‘no comment’ interview and was charged to court.

Mr Wilson told the court that Toliusus’ behaviour was ‘despicable’ and that ‘police were only trying to help’. He said that Toliusus wished to ‘unreservedly apologise’ to the officers involved, adding that the time served in custody since his arrest has ‘sobered’ him to his actions.

In mitigation, Mr Wilson said that Toliusus had no prior convictions for any public order offences, and that this was a ‘one-off blip’.

Judge Magill noted the early plea of guilt, however he said the offences were ‘utterly appalling’ and custody was the only outcome possible.

Toliusus was sentenced by judge Magill to five months imprisonment for the offences, and was ordered to pay £30 compensation for the broken hand sanitiser.

However he was granted bail to appeal of £100, pending an address to be approved by police.