Four PSNI officers went on trial today over a “fracas” in a Belfast city centre kebab shop two 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, each 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 that in the early hours of January 8, 2022, CCTV footage inside City Kitchen, based in High Street, “shows the entire incident. And you will see the behaviour of the defendants on that occasion.”
She added: “This was a Friday evening and you are going to hear from a member of the public who was involved in this incident, Graham McCullough, who stopped at the City Kitchen kebab shop. He placed an order and was then waiting on his food.
“He noticed a number of people sitting at a table and says it was these four defendants. They were off-duty police officers at the time.
“He will tell you that there was another man sitting on his own at another table, wearing a red bobble hat.
“This older man appears to be engaged in conversation with these four defendants. Mr McCullough intervened, because he was concerned about the conversation, and a fight then kicks off.
“Police are then called to the scene.”
The jury was told that all four defendants were interviewed by police and denied anything untoward was said to the older man. Furthermore, they 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.”
During his evidence, Mr McCullough told the jury that he and his wife and some friends attended a comedy show in the Waterfront Hall before going to the Hilton Hotel, where he had a number of drinks.
He said that on the way home by taxi they decided to stop off for a kebab.
Asked did he notice anybody in City Kitchen, he replied: “There was a group sitting at a table. Some were laughing and there was one having a go at some guy. He was teasing… taking the mickey out of him. I thought it was going a bit too far.”
“I remember saying to the tallest one to leave the guy alone, before there was a confrontation.”
The witness 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.
“When I eventually went to the ground, I remember being head-locked and having my face crushed.
“I remember hearing my wife’s voice and she was telling them to get off me.”
He confirmed that other police arrived on the scene and one officer took him outside.
The witness told the court he sustained a number of cuts and bruises along with rib fractures.
During cross-examination by defence counsel for the four accused, the witness agreed with Ian Turkington KC that he was interviewed and cautioned by police for five counts of common assault, disorderly behaviour and affray.
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, to which he said: “I don’t think so.”
The jury were then shown the 27-minute clip of CCTV footage from inside City Kitchen.
In cross-examination, Mr Turkington asked the witness why he didn’t mention to the jury during his evidence that he had headbutted Dean McCallum. He replied: “I knew they would see the video.”
“You started an assault by headbutting Dean McCallum. How many times did you headbutt him? Was it three times?”
The witness replied: “I think it was two.”
Asked by Mr Turkington if he had picked up from the conversations from the group behind him that they were off-duty police officers and had formed an unhealthy interest in them, he replied: “I had the same interest as anyone else in the shop.”
He didn’t accept that from the footage he appeared to be “getting angrier and angrier”.
The witness disagreed with an assertion by Mr Turkington that there was nothing said between the group and the man in the red hat that “was anything other than cordial”.
Mr Turkington said: “I suggest to you that any force used by any of those defendants present was absolutely necessary to deal with you, who was acting like a bull in a China shop.”
He added: “Do you not agree that all this could have been avoided had you taken your food and left? This was all down to you?”
The witness replied: “I disagree.”
The trial continues.