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Man urinated in Tesco and punched security guard as he tried to leave with a bottle of wine

District judge does not accept every little helps as defendant offers £50 first payment towards damage

A Moira man who urinated in a Tesco shop and assaulted a security guard has been handed a suspended sentence.

A district judge said that the 34-year-old at his age ought to know what a toilet is, adding most children are toilet trained by the age of two.

Richard Chestnut, of St John’s Terrace, pleaded guilty to criminal damage, theft and common assault at Craigavon Magistrates’ Court on Wednesday.

Court heard that on October 22, at 7.20pm, police were called to Tesco on Millenium Way, Lurgan, to reports that a security guard had been assaulted.

He told officers he had been observed the defendant enter the store and he appeared unsteady on his feet.

The security guard followed Chestnut on CCTV and watched as he urinated on shelves before lifting wine and a bottle of coke.

As the defendant exited he was restrained by the security guard who located the bottle of wine in Chestnut’s waistband.

The defendant became aggressive shouting: “You are all b*******, do you know who I am? I am Richard Chestnut.”

He then proceeded to strike the security guard on the right eye.

The total cost of damages was £276.55 and Chestnut made no comment when interviewed.

The defendant also entered a guilty plea with regards to using a vehicle with no insurance.

Court heard he was stopped on August 29, on Lake Road, Craigavon.

Checks showed he had no insurance and when asked to produce a policy he failed to do so.

Defence barrister Seamus Lannon stated: “Mr Chestnut is short on funds at the moment as he had another fine to pay but he has brought £50 here today to show he endeavours to make reparations.

“Although, I have indicated to him that in your worship’s view that is not going to cut the mustard.”

District Judge Bernie Kelly commented: “He has been aware of this matter from last year. His first appearance was in November, he pleaded guilty on January 23.

“He has had from then until now to come up with that money and he hasn’t.”

She added: “I could court order repayment but it would not be the same as him doing it himself, that would show significant remorse.”.

Mr Lannan said: “In the cold light of day he is remorseful but he will need time to pay the money.

“He has found work with a double glazing company and starts tomorrow.”

District Judge Kelly stated: “Urinating on a shelf in Tesco at seven o’clock in the evening in full view of parents, children, grandparents and grandchildren.

“And guess what? It is all on CCTV footage. Your response to this is to ask do you know who I am? I am guessing this was from some temporary memory loss that you needed to be reminded.”

Mr Lannon asked that the defendant was given the chance to “make good to the store and the community as a whole”.

District Judge Kelly responded: “I doubt that he can make good to the community as a whole, not with his attitude and not with his record.

“I don’t think that adequately accounts for his behaviour in Tesco, at his age not to know what a toilet is.

“I expect most children to be potty trained by the age of two.”

Distict Judge Kelly gave Chestnut the chance to come with the money by the end of business.

Mr Lannon returned with the full restitution of £276.55 in cash.

Disrtrict Judge Kelly branded the offence as “absolutely disgraceful” as she sentenced the defendant to six months in prison suspended for two years.

She told Chestnut: “If I see you ever again for anything you will be going to prison.”



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