A man who sexually assaulted a female police officer was jailed for 12 months on Monday.
Andrew McMillan was convicted of assaulting the officer in a hospital’s accident and emergency department last summer. The 33-year-old, from Shearwater Way in the Waterside area of Derry, was appealing against a 13 month sentence imposed on him at the city’s Magistrate’s Court last year.
At today’s County Court appeal hearing Judge Neil Rafferty KC said while McMillan was convicted of twice grabbing the officer’s thigh, he believed it was “a non contact sexual assault. He grabbed her but not in a sexual way”.
The judge added: “Had he touched her breasts or genital area in any other way his feet would not be touching the ground. If he goes next or near Altnagelvin Hospital’s accident and emergency department, except for legitimate purposes, he will probably be brought back in front of the Crown Court and I take a zero policy against those who assault those who are there to help us.”
A prosecution barrister told the appeal hearing that on August 18 of last year McMillan assaulted a nurse and committed disorderly behaviour in the hospital. He was drunk and verbally abusive to members of the public and to staff members in the waiting area and when a staff nurse approached him he lifted a chair and raised it towards her.
Two weeks later McMillan returned to the accident and emergency department, again drunk, and caused criminal damage to a hand sanitizer. He again verbally abused members of the public and when warned by police officers about his behaviour he shouted at them to “shoot me, I don’t give a fuck”.
The prosecutor said when McMillan was being restrained he tried several times to kiss the female police officer before he twice grabbed her by the thigh.
The 13 month jail sentence originally imposed at the Magistrate’s Court, which included four breaches of suspended sentences, was then reduced by one month by Judge Rafferty to 12 months immediate custody.