Ballymena man 'snapped' over noise at car park used as gathering place by young people, court told

‘Philip Arthur Esler (60), of Castle Street Mews, is charged with having a knife and hatchet as offensive weapons; possessing a knife and hatchet with intent to commit grievous bodily harm; causing criminal damage to a Volkswagen Scirocco car; threatening to kill the car owner; and attempting to cause criminal damage to another vehicle. The charges relate to Sunday November 23.

A defence solicitor said: "Unfortunately that car park is a gathering place for younger men who modify their motorcars by putting on exhaust systems that make bangs" and are "extremely loud".

The lawyer said they gather in the evening and into the early hours "carrying out donuts, spinning wheels" and the "racket is enormous".

The solicitor said it has been going on for a long time and "on this occasion Mr Esler, who is an alcoholic and had taken somewhat more drink than he ordinarily would, simply got fed up and went downstairs and went out to try and remonstrate".

The solicitor said the defendant took "things" with him and that the defendant said to police "he never intended to harm anybody, he simply wanted all this to stop".

The defendant was arrested sitting on a bench in the car park after waiting for police to arrive.

The defence solicitor said "a lot of this will simply be dealt with by way of plea. It is a question of resolution and negotiation on that".

A police officer told Antrim Magistrates' Court, sitting in Ballymena on Tuesday, they had no objection to bail subject to the defendant getting a bail address away from the car park.

That prompted the solicitor to say: "Basically what the police are saying is they're prepared to tolerate young men turning up in a car park, revving motorcars for hour after hour, with modified exhausts, (that) they should be allowed to do that and this man should tolerate it".

The officer said that at 8pm on Sunday police received reports of an ongoing incident regarding a male with a knife in the area of Castle Street car park in Ballymena. She said it was alleged a male with a knife approached a male in a parked Scirocco car and spoke to him through the open driver's window. The defendant allegedly pointed a knife at him and threatened to stab him. The man immediately locked the car and put up the windows. The defendant then slashed a tyre and damaged a rear bumper. The defendant then attempted to slash the tyres of a BMW parked nearby. The officer said a person challenged the defendant by disarming him and removing the knife. Police located the defendant in the car park sitting on a seat. He was "highly intoxicated" and had a hatchet in his jacket. When interviewed the defendant said due to being intoxicated some of the events were "hazy". He told police he was listening to music in his home but could hear "loud exhausts and spinning of tyres and he had enough and snapped as this had been an ongoing issue for several years". He said he had gone to a toolbox and took a hatchet to the car park with the "intention of scaring them into stopping". He denied any threat to stab anyone and could not recall having a knife. He said he could not recall causing or attempting to cause damage but said "that is exactly what he would have intended to do". The defendant said he wanted to "get a message across" to those in the car park and for them to show a bit of respect but that he went about it the wrong way. He was asked if he had ever reported the noise issues to police and he said no. He said he should have called police and that such an incident would never happen again. The officer said the bail situation was difficult as it is the defendant's home address but she suggested a different address would prevent further offences. The defence solicitor said that was ridiculous and said the risk of further offences appeared to be "that this man would again get fed up with people revving motorcars. This goes on from 8 o'clock in the evening to the small hours of the morning". District Judge Nigel Broderick said it is a matter of concern that anyone who is intoxicated is in possession of a hatchet or knife. The court was told the defendant had four incidents of criminal damage on his record. The judge said he would put in place a "suite of conditions to address concerns". The defendant was given £500 bail to his home address with a 7pm-6am curfew when he electronically tagged; he is not to have any contact with a complainant; he is not to be intoxicated in public and has to submit to preliminary breath test if required to do so by police. The case was adjourned to December 23.