CCTV camerasshowed womankicking victimin the head
A 21-years-old Waterside woman who was captured by CCTV cameras kicking a woman in the head in the city centre last year is to appeal an eight month jail term imposed at Derry Magistrate's Court on Friday.
Naomi Doey (21), of East Avenue, was convicted of assaulting Laura Francis outside Foyle Haven in John Street on May 17, 2016.
The court heard how, in a Pre-Sentence Report prepared for the defendant, it had been noted that the inured party had claimed that she had been kicked in the head several times by Doey.
District Judge Barney McElholm asked Doey’s defence solicitor, Seamus Quigley, whether or not this account was accepted by his client.
Mr. Quigley said the defendant accepted that she had kicked Ms. Francis but that she denied kicking her in the head.
CCTV footage, which captured the incident last May, was then submitted to the court by a Public Prosecution Service (PPS) solicitor.
The video, which had been prepared by the PSNI’s CCTV Electronic Crime Support unit and which ran to several minutes, was then shown to the court.
It showed two individuals, including Ms. Francis, standing outside the Foyle Haven on John Street on the day of the incident. The duo were then seen to be approached by a large group of people, including Doey.
Several schoolchildren were also captured among the gathering outside the Foyle Haven. The video eventually showed a fracas erupting during which the injured party was thrown to the ground and kicked by a number of indiviuals, including Doey.
Mr. Quigley pointed out that his client was not the “primary aggressor” in the incident.
He said a number of people had been kicking Ms. Francis on the ground and suggested Doey had executed “a lash or a lunge” in the injured party’s direction rather than a deliberate kick to the head.
He suggested the kick was not like taking “a run at a rugby ball”.
District Judge McElholm said the defendant had been dishonest.
“She lied about kicking her in the head,” he said, adding, “I can see what I can see”.
He said the CCTV footage spoke for itself and “showed a large group of people surrounding two others, one of whom was clearly incapably drunk”.
He said: “This was a violenct incident and indeed it is somewhat fortunate there weren’t more serious injuries.”
He activated a previous five month suspended sentence and imposed a three month jail term for the May 2016 assault. Doey was granted her own bail of £750 prior to an appeal on May 31.