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24 Feb 2026

Man handed suspended sentence at Derry Court after fifth breach of mother’s Restraining Order

David Smyth (37) of no fixed abode was charged with breaching the order by being in Upperlands and area he is excluded from on February 23

£250,000 fraud case involving Donegal woman adjourned at Derry Magistrate's Court

Derry Magistrate's Court

A man who breached the conditions of a Restraining Order taken against him by his mother has received a suspended sentence at Derry Magistrate's Court

David Smyth (37) of no fixed abode was charged with breaching the order by being in Upperlands and area he is excluded from on February 23.

A police officer told the court that Smyth was observed by police at 12.35am in the Upperlands area and stopped and spoken to. 

It was realised that he was in breach of a Restraining Order by being in that area and arrested.

The court was told that this was the fifth breach of the order taken out by the defendant's mother.

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Defence counsel Liam McStay said that his client accepted the breach but added there had been no physical contact just a breach of the exclusion order.

Smyth was sentenced to 4 months in custody suspended for 12 months. 

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