Four Police Service of Northern Ireland (PSNI) officers have gone on trial charged over a fracas in a Belfast kebab shop three years ago.
Victoria Bell (39), Dean McCallum (37), Mark Fulham (37) and Taylor Annett (25), whose addresses were given c/o PSNI headquarters in east Belfast, all deny a single charge of affray, which is unlawful fighting in public.
Addressing the jury of eight men and four women at Belfast Crown Court, prosecution barrister Kate McKay said the incident, which happened in the early hours of January 8th, 2022, was captured by CCTV cameras inside the City Kitchen on High Street.
She said a witness, Graham McCullough, stopped at the City Kitchen and was waiting on his order when he spotted the off duty police officers sitting at a table and engaging in conversation with an older man sitting alone at another table.
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“Mr McCullough intervened because he was concerned about the conversation and a fight then kicks off. Police are then called to the scene,” Ms McKay says.
The jury was told the defendants were interviewed by police and denied anything untoward was said to the older man and made the case they were “defending ourselves” from Mr McCullough.
“We say that the force used in this case was not reasonable force,” said the prosecutor. “We say that you will have no difficulty in coming to the conclusion that violence was used by each of the defendants.”
In his evidence, Mr McCullough said he, his wife and some friends attended a show in the Waterfront Hall before going to the Hilton Hotel and having drinks. He said they stopped off for a kebab while travelling home by taxi.
There was a group at a table and “some were laughing and there was one having a go at some guy”, he said.
“I thought it was going a bit too far,” he said. “I remember saying to the tallest one to leave the guy alone before there was a confrontation.”
Mr McCullough recalled being “backed into a corner” surrounded by three males.
“I tried to get out of the situation but a fight broke out. During the fighting I heard them saying to me ‘stop resisting and get to the ground’. I was punched in the ribs and the head,” he said.
“When I eventually went to the ground I remember being headlocked and having my face crushed. I remember hearing my wife’s voice and she was telling them to get off me.”
The witness said other police arrived on the scene and one officer took him outside.
During cross-examination, Mr McCullough agreed with Ian Turkington KC that he was interviewed and cautioned by police for five counts of common assault, disorderly behaviour and affray.
When asked by police what drew his attention to the group of people behind him, he replied: “They were being quite boisterous and loud.”
Police asked him if he would describe his behaviour as being aggressive, he said: “I don’t think so.”
The jury was then shown 27 minutes of CCTV footage from inside City Kitchen.
Mr Turkington asked the witness why he did not mention to the jury during his evidence that he had headbutted Mr McCallum.
“I knew they would see the video,” he replied.
The case continues.
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