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22/09/2021

Judge dismisses case against Derry man who made middle finger gesture to police vehicle during protest in the Bogside

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A judge has said that giving someone the middle finger gesture may be 'juvenile, boorish and rude' but it did not constitute disorderly behaviour. Deputy District judge Brian Archer was speaking at Derry Magustrate's Court sitting in Omagh in a case of Kevin Brady, 36, of Ballymagowan Avenue in Derry who was charged with disorderly behaviour on August 5 last year in the Lecky Road area. The court was told that there was a white line protest going on and a police vehicle passed and Brady made the middle finger gesture towards police. Defence solicitor Mr. Paddy MacDermott said that his client accepted he had made the gesture but that it 'cannot amount to disorderly behaviour.' He pointed to a case last month when District judge Barney McElholm had dismissed a similar case. The prosecution argued that by making the gesture in public Brady had committed an offence. Judge Archer said the gesture was juvenile, but added that it did not constitute disorderly behaviour. He dismissed the charge.

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