‘Community activists’ accused of assaulting police in Creggan are granted bail

Two men accused of assaulting police officers during a search operation in Creggan have been granted bail.

Jude McCrory, 23, of Magowan Park in Creggan and Gearoid Peter Cavanagh, 32, of Elmwood Terrace appeared in court charged with offences linked to a PSNI operation in the Creggan area of Derry on March 18, 2021.

McCrory is charged with disorderly behaviour in Ballymagowan Gardens, assaulting a police officer and obstructing police.

Cavanagh is charged with possessing an offensive weapon, ‘namely a cup’, and assaulting a police officer.

At Derry Magistrate’s Court a police officer said that ‘a number of hostile persons gathered’, including the two defendants, as searches were carried out.

The court heard that McCrory became ‘verbally abusive’ and ripped a police cordon three times.

A PSNI officer said the defendant was asked to move back and as an officer pushed forward McCrory allegedly ‘punched his arm and kicked him’.

She added that he continued to be ‘antagonistic’ telling the officer to ‘do something about it’.

As McCrory moved forward again he was arrested, an officer said.

Police objected to bail saying that any time officers conduct an operation in Creggan a ‘large amount of disorder’ ensues and police suspect McCrory is ‘largely involved in orchestrating it’.

The court was told that he is currently on bail for disorderly behaviour linked to a protest outside Maghaberry prison and has previous convictions for disorderly behaviour.

Cavanagh was said to have been holding a cup of tea or coffee at the scene when he entered a garden closer to the police cordon.

It was alleged that he reached forward to grab an officer then stepped back and moved his arm as if to throw the contents of the cup over him.

The PSNI officer drew his baton, a police officer said, and Cavanagh allegedly ‘tried to strike’ the officer.

He made to leave the area but was detained at which point he allegedly threw three punches at a PSNI Inspector knocking off his hat and glasses.

He was arrested then transported to hospital for treatment in relation to the baton strikes.

It was submitted that he has convictions for disorderly behaviour and assaulting police.

A police officer said she was concerned about the risk of further offending in both cases.

‘ST. PATRICK’S DAY’

Defence solicitor Derwin Harvey questioned the police officer about McCrory’s conduct, the timing of the police operation and alleged ‘heavy handedness’.

In response, she said a lot of ‘scuffling’ was going on and he was handcuffed on the ground.

The officer added that she was unaware of any allegations regarding the conduct of the PSNI.

Mr Harvey explained that an individual was taken to hospital after being struck on the head with a ‘truncheon’.

The defence solicitor submitted that the operation was carried out in the early hours of the morning after St. Patrick’s Day and questioned the decision to ‘close down a whole area with armoured Land Rovers barricading residents in after St. Patrick’s Day celebrations’.

Officers did not attend in their 10s, he said, there were 20 police vehicles in the one street.

He continued: “There has been a history of contention in the Creggan community with the police conducting house searches in the past.”

Mr Harvey quoted Sinn Féin MLA Karen Mullan who said she was ‘deeply concerned’ following reports of heavy-handed policing’ and ‘heavy handed tactics on women’.

“This has become symptomatic of how the PSNI carry out policing operations in Creggan and a concern which we have continually raised.

“The public rightly expects the very highest policing standards and we will hold the police to account when their actions fail to meet those standards,” he added quoting the Foyle MLA.

He also referred to comments made by loyalist activist Jamie Bryson who is ‘no fan of republicans in Creggan’ but labelled police actions ‘extremely disproportionate and needless’.

The defence solicitor described his client as ‘extremely calm and compliant’ after arrest.

Referring to Cavanagh he said that ‘blows rained down on him with truncheons’ and he required eight stitches to a head wound.

“It’s a long time since I seen anyone struck with a truncheon.  Striking to the head I find somewhat concerning,” Mr Harvey said.

McCrory is a ‘community activist’, he explained, who has had numerous issues with the police but never ‘moved beyond the lowest financial discharge’ when appearing in court.

Mr Harvey said that when tension arises his clients are ‘quite vocal’ as they ‘represent a section of the community’.

McCrory denies the offences against him and body worn footage will play a ‘significant part’ in proceedings, the defence solicitor said.

The case will not come to a conclusion for many months, the court was told.

Addressing the incident at Maghaberry, Mr Harvey said his client stood with people making a speech and held a flare.

The police had asked for McCrory to be banned from attending any protest but the High Court found in his favour.

Deputy District Judge Marshall said a bail address in Creggan was a ‘non-starter’ adding that the offences were at the ‘high end’ of disorderly behaviour and obstruction.

Judge Marshall said the court does not have a political view and ‘no part of this city is not subject to law and order’.

Both men were granted their own bail of £250 to addresses approved by police.

They were prohibited from being within 200 metres of a police operation that does not directly involve them.

And also ordered to have no contact with each other.

Their cases will be before the court again on April 15.