Legal first for Northern Ireland as man is convicted of publishing photo of a judge

With 34-year-old Lionel Close appearing at Downpatrick Magistrates Court by videolink from prison, his contest was conducted “on the papers” rather than witnesses being called to testify.

Close, from Weavers Grange in Newtownards, was charged with publishing a photo taken in court in that on 20 May this year, he “published on Facebook a photograph of a person, being the judge of a court, namely District Judge Mark Hamill.”

The charges relates to an image, originally taken in September 2017, appearing on the profile of a Rusty Close who comments “look at that scumbag Hamill wld love da hit him a dig in chin the w*****,” and which was republished last May during a series of comments. The court heard that a lady was searching through social media when she came across the post and knowing that Rusty Close was Lionel Close, she alerted the authorities.

Close was arrested and interviewed but with the exception of denying once that the Facebook profile was his, he refused to answer police questions.

Defence solicitor Patrick Higgins confirmed to District Judge Amanda Brady that Close had been advised about “possible adverse inferences” from his failure to give evidence.

Mr Higgins argued however that the prosecution had failed to prove their case beyond reasonable doubt, highlighting that the police had not seized any devices or produced evidence, such as log in details.

Judge Brady said while “I cannot convict someone on the basis of a no comment interview but I can draw all the strands together.”

“The witness links him to the account, she knows him, he hasn’t given an explanation and more than that, he has chosen not to give evidence and I can draw an inference from that,” said the judge adding that “I do find that the prosecution has proved their case to the requisite standard and I’m convicting him.”

With the offence carrying a penalty of a fine up to £1,000, the judge said given Close’s denials there was no discount for admissions so she imposed an £800 fine allowing eight weeks to pay.