Sentence handed down to man who climbed Christmas tree and threw baubles in Derry

A man who climbed up a Christmas tree in Guildhall Square and behaved in a disorderly manner in Altnagelvin Hospital has been handed a prison sentence at Derry Magistrates Court.

Sean McElhinney, 24, whose address was given as Strand Road in the city, admitted charges of disorderly behaviour and obstructing police on January 13, 2021.

He also pleaded guilty to disorderly behaviour and resisting police on February 11, 2021.

The court heard that the defendant was in Guildhall Square on January 13 when he caused a ‘nuisance’ by climbing up a Christmas Tree.

A Public Prosecution Service (PPS) representative said that CCTV operators observed McElhinney throwing baubles.

He returned to ground level before scaling the tree for a second time.

The public prosecutor said the defendant was ‘aggressive and swearing’.

During police interview McElhinney identified himself in footage and admitted that he was intoxicated.

On February 11 police attended the defendant’s supported accommodation where it was reported that he was self-harming.

Staff tried to treat the defendant when he returned.

A PPS representative said that when police arrived McElhinney grew ‘highly agitated’ and ‘aggressive’ towards police.

He was detained under a mental health order.

The defendant was taken to Altnagelvin Hospital after explaining that he had taken pregabalin which was not prescribed.

The court was told that the 24-year-old was ‘erratic’ and ‘highly aggressive’ in the A&E department.

McElhinney threatened to bite his hand if police did not leave, the PPS representative added.

He shouted obscenities at police and refused to calm down, and was therefore further arrested.

Hospital staff asked for him to be removed.  He refused and had to be restrained on the ground.

Defence solicitor Seamus Quigley said the January incident isn’t the most serious.

He clarified in case the judge didn’t hear it right, ‘he’s not accused of throwing bottles but baubles’.

Mr Quigley added: “If I seen a grown man climbing a Christmas tree in Guildhall Square I wouldn’t be frightened.

“I think I would laugh, to be honest, If I was smart enough I’d probably get my camera phone out and try to make £200.”

The defence solicitor accepted that the second incident was aggravated by the fact it took place in a hospital setting.

He said the defendant was experiencing ‘real issues’ with his mental health, and police, in an attempt to placate him had indicated that he would not be arrested.

An issue arose because he had taken drugs, Mr Quigley added.

He submitted that his client has spent around three or four months in custody.

The defendant was given a two months prison sentence for the offences in Altnagelvin and fined £200 for the Christmas tree incident.