Man acquitted over masked group’s ‘show of strength’

A 62-year old man has been acquitted of being part of a group of masked men involved in a “show of strength” in east Belfast.

Stephen Matthews was cleared of unlawful assembly, affray and intimidation dating back to February 2021.

Co-accused 60-year-old Derek George Lammey was acquitted on the unlawful assembly and affray charges but found guilty of intimidation.

Both men were accused over a gathering of nearly 40 masked men more than four years ago in the Pitt Park area off the lower Newtownards Road.

The judgement came after a non-jury trial at Belfast Crown Court in April.

Both Mr Matthews, of Meadow Park, Ballywalter, County Down, and Lamney, of Hill Crest in Bangor, County Down, denied all charges.

During the trial, prosecutors made the case that both men were part of a “threatening and intimidating group” who gathered in Pitt Park and then walked to Ballymacarett Centre, which was occupied by woman and children.

Those inside the centre included the wife and daughter of murdered local man Ian Ogle.

The crowd gathered outside the centre for a short period and some comments were directed to those inside before the group dispersed, the court was told.

When she was called to give evidence, Mr Ogle’s daughter Toni Johnston described the scene inside the centre as “absolute chaos” and said the incident left her “terrified”.

Several police officers who were in the area at the time were called to give evidence.

A constable told the court he knew both men well and that, despite both wearing masks, he was able to identify them.

He told the court he knew Mr Matthews from his height, build and because some of his face was visible, while he recognised Lamney’s voice when he spoke.

Defence barristers for both men argued the prosecution case was weak.

The judge told Mr Matthews the primary evidence against him was identification from two police officers but, as both accepted the person in question was masked, neither officer “gave any evidence of any specific characteristic which they could rely on” to back this up.

The judge said the evidence was “general in nature”, adding he was “not sure or firmly convinced” that Matthews was at the scene, meaning that he must acquit him of the charges.

Mr Matthews’ lawyer, Darragh Mackin, said they were now considering civil proceedings.

“This acquittal marks an important vindication for our client,” he said.

“We will now be examining all legal avenues available, in light of what we believe to have been an unjustified and damaging prosecution.”

The solicitor added that the outcome of the case has raised wider questions about the use of identification evidence in prosecutions relating to public protests.

Turning to Lamney, the judge said he believed he was part of the masked group. This was based partly on the voice recognition evidence.

However, he was “not satisfied” it had been established that open force was displayed or that the intent was to commit a crime by open force, meaning he found Lamney not guilty on the first count.

He likewise found he was “not sure or firmly convinced” there was sufficient evidence on the affray charge.

However, on the intimidation charge – which centred on actions towards those in the Ballymacarett Centre – the judge said the “clear intention” of the group, including Lamney, was to “intimidate those inside the centre and keep them there”.

Branding this as a “show of strength”, Judge Kerr said he was “firmly convinced” of Lamney’s guilt and convicted him on the charge of intimidation.

He was told he would be sentenced on 29 May.