A second man in his 20s avoided a prison sentence due to exceptional circumstances given his significant medical difficulties
A teenager has been handed a four-year sentence for his role in this summer’s riots in Ballymena which were described by a judge as “disgraceful and racially motivated”.
As Judge Peter Irvine KC ordered 19-year-old Harvey Shaw to serve two years in custody and two years under licence conditions, a woman in the public gallery put her head in her hands and ran from the court in tears.
Two rioters who were involved in public disorder in Ballymena were today handed sentences totalling six years.
While Ricky Rae saw his two-year sentence suspended for two years due to exceptional circumstances given his significant medical difficulties, Shaw was handed the four-year term for being a “prolific and persistent participant”.
While the pair were dealt with separately at Antrim Crown Court, both Rae, who celebrates his 27th birthday tomorrow (Tues) and is from Laurel Park in Ahoghill, and Shaw, from Lanntara in Ballymena, entered guilty pleas to a charge of riot on 10 June this year.
During his sentencing remarks in both cases, Judge Irvine recounted that during the summer the whole of the UK saw a “significant spike in public disorder with certain racial undertones” where the homes, businesses and property of ethnic minorities had been specifically targeted.
“On 9 June, there was large-scale disorder that broke out on the streets of Ballymena, involving large crowds of rioters on three consecutive nights,” said the judge, adding that further violence broke out in other towns and cities across NI.
The judge said that over those three nights of disorder, 20 homes were attacked, eight families were displaced, including a pregnant woman and her child who suffered smoke inhalation when their home was set on fire, and more than 50 police officers were injured, some of them seriously.
The rioting “had a serious impact on the police capacity to police effectively and to keep people safe.”
Rae was the first to be dealt with, and Judge Irvine outlined how he had been involved in disorder at the junction of the North Road and Clonavon Road where “hundreds of people were present.”
In amongst a crowd throwing masonry and petrol bombs, Rae was recorded throwing two missiles, a glass bottle and a “drinks can,” at police lines, said the judge.
Following a police appeal, Rae handed himself in to police and having identified himself on the footage, he made admissions to throwing the missiles.
Judge Irvine said while the custody threshold was clearly crossed, a factor to be taken into account was Rae’s “significant medical difficulties” as he suffers from Multiple Sclerosis, in addition to having a large, protruding hernia.
It was those features, the judge explained, which justified him taking an exceptional approach to the case and for the two year sentence, to be suspended for two years.
A short time later, Shaw was called into the dock and prosecuting counsel Daniel McCarthy described that for approximately an hour, the teenager had been a “prolific and persistent participant” in the rioting.
On the North Road, he had been recorded throwing 14 glass bottles at police and then, as the disturbance moved, Shaw was captured throwing masonry and bottles at a property on Bridge Street.
The court heard the residents in that property were still inside and after they had fled to safety, the house had been set on fire.
Shaw was identified because while he had his face partially covered that night, he had been unmasked the previous evening.
During police interviews, Shaw “made full admissions…and said it was pure stupidity.”
Defence counsel Stephen Law conceded that Shaw “is aware that his liberty is being called into question and he is aware that he has to be punished.
He urged the judge however, to be as lenient as possible given the defendant’s clear record and guilty plea, suggesting that as a “fit and healthy young man,” he could be put to work to put something back into the community.
Judge Irvine said however, it was clear that Shaw had gone “with the specific intention of becoming involved in the riot” and further that having done so, he was a “prolific and persistent participant.”
The fact that he had thrown more than a dozen missiles at police, and further missiles at a home he would have known was occupied, raised both the levels of harm and culpability, said the judge.
He told Shaw if he fought the case and lost, he would have imposed a six-year sentence but due to his plea and clear record, “the sentence will be one of four years,” served equally between custody and licence.
After sentencing PSNI Chief Inspector Michael O’Loan said: “In shameful scenes, there was large-scale disorder by people intent on causing harm. Damage was caused to roads, homes, cars and local business premises with people left fearing for their lives.
“Our officers came under attack and many left injured after petrol bombs, heavy masonry and fireworks were thrown at them. At the time, we assured the public that we will work tirelessly to restore calm and ensure that anyone who chooses to take part in this criminality is brought to justice.
“Our dedicated investigation team has worked tirelessly to ensure that those involved are prosecuted – today’s sentencing is one of many over this disorder.”
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