Man who intimidated Banbridge armed robbery victim is spared prison

A MAN who intimidated the owner of a Banbridge ice cream parlour allegedly robbed by his friend has been handed a suspended prison sentence.

Christopher Gary George Nesbitt, 32, of Rathfriland Street in the town, is charged with intimidation of Darren Ogle, the owner of Oggies Dessert Bar in Banbridge.

Nesbitt lives at the same property as 51-year-old Philip Thomas James Magowan, who is accused of the armed robbery of the dessert bar on 29 January this year.

And he visited the shop on the day Magowan was arrested in connection with the robbery and told the victim he knew what car he drove and where he lived.

Nesbitt initially denied any wrongdoing and claimed he simply visited the shop to ask Mr Ogle if he was sure Magowan was the culprit.

Banbridge Magistrates’ Court heard that on 3 February, at 4pm, Nesbitt visited Oggies Dessert Bar. He could be seen entering the shop on CCTV and stand in the queue for a short period of time before leaving the shop and returning about 15 minutes later.

On this occasion he spoke with the victim’s mother, with whom words were exchanged before Mr Ogle intervened.

Words were then exchanged between the pair, with Nesbitt telling the victim he was Christopher Wright, before telling Mr Ogle he knew who he was, what car he drove and where he lived and told him he needed to watch himself.

He told Mr Ogle that he was a friend of Philip Magowan and had asked the victim if he knew Magowan had done it, with Mr Ogle not replying to him.

During the course of the afternoon Nesbitt walked past the shop a number of times, which resulted in a further verbal altercation between them.

Police were then called and he was arrested and interviewed, during which he confirmed his name was Nesbitt, but he occasionally uses his father’s name of Wright.

He claimed to police he did not try to intimidate Mr Ogle but conceded he had told the victim he knew what car he drove and claimed he did just want to know if they had got the right person.

Defence counsel Aaron Thompson told the court Nesbitt was living with Magowan at the time and the two had been drinking the morning of the incident when Magowan was visited and arrested by police.

Mr Thompson said Nesbitt had drank a “whole bottle of Bailey’s” over the course of the day.

He admitted Nesbitt’s approach to Mr Ogle was “so ham fisted” and admitted the tone of the comments made by Nesbitt to Mr Ogle were “not a conversation you have on the street and that carries with it an intimidatory element”.

Nesbitt’s defence added that the judge would have “seen worse cases of intimidation where there’s specific threats”.

Mr Thompson added: “He’s always going to get caught, he has a drunken conversation in which, while the individual is entitled to feel intimidated, there was no specific threat uttered.”

Commenting ahead of sentencing, District Judge Eamonn King said: “The nature of this offence strikes at the heart of the criminal justice system and that is the foundation of what we call a democratic society.

“Any attempt by anyone to interfere with the administration of justice, when brought to book, should feel the full force of the law.”

Judge King then imposed a four month prison sentence, suspended for two years.