Moygashel bonfire accused released having served maximum time on remand

A TREE surgeon accused of stirring up hatred after a model of a mosque appeared on top of the notorious Moygashel bonfire has been released on bail, having served the maximum equivalent time on remand.

The move came as the Public Prosecution Service indicated the case will “in all likelihood” remain in the lower court and not proceed on indictment to trial.

As a result of this bail was no longer opposed.

Brian Neill (56), from Hollow Mills, Dungannon is charged with threatening, abusive or insulting behaviour or displaying material in a manner to stir up hatred or arouse fear on July 8.

Dungannon Magistrates Court previously heard police were maintaining a presence in Moygashel where a bonfire had been prepared.

A structure had been placed on top that day which was covered by a blue tarpaulin, later found to be a model of a mosque

As well as on the ground, police were monitoring by helicopter overhead.

Neill was seen climbing the pyre and assisting two men in dark clothing and balaclavas to place offensive signage.

He was also observed to look under the tarpaulin and appeared to be videoing the helicopter on his phone.

On climbing down Neill moved through a crowd of around 70-100 people, some of whom put up umbrellas to avoid being seen.

He got into a blue BMW and drove away but was stopped by police and arrested.

During interview he said he was asked to assist with the signs because he is a tree surgeon by profession.

He denied any hatred towards immigrants or Muslims however refused to provide the PIN for his phone.

Bail was previously strongly opposed on the basis Neill is a prolific offender with 123 previous convictions including numerous driving offences, riotous behaviour, assaults and court order breaches.

He had only left court on the day in question having been jailed but released on bail pending appeal and went straight to Moygashel and involved himself with the bonfire.

Since then, bail has been refused including twice at High Court.

Three other men all from Moygashel have also jointly been charged with the same offence of displaying written material which was threatening, abusive or insulting, intending to stir up hatred or arouse fear.

Tyler Sommerville (28) and Simon Dilworth (58) both from Jacksonville Road along with John Black (48) from Prince Andrew Crescent.

All were remanded on bail.

Neill appeared by video-link today (Wednesday) where the prosecution lawyer advised, “The case will in all likelihood be remaining in the lower court.”

This triggered a fresh bail application by defence counsel Patrick Taggart who pointed out Neill has now served the equivalent maximum sentence on remand.

The prosecution advised under the circumstances bail is no longer opposed, providing a number of conditions were imposed.

District Judge Francis Rafferty set bail at £250 and ordered Neill to reside at all times at an address approved by police and have no contact with the coaccused.

He is also excluded from entering Moygashel, refrain from consuming alcohol and abide by a curfew from 11pm to 6am.

The case will be mentioned again on November 18.