'Initiation' jail terms quashed

Two County Londonderry men who put a 15-year-old boy through a workplace "initiation ceremony" have had prison sentences quashed by the appeal court.

The Lord Chief Justice described it as a "disgraceful case of naked bullying".

But he lifted the jail terms imposed on Eglinton men Jason Ferguson and Patrick Deery, imposing a suspended jail term and community service order instead.

The teenager, who is asthmatic, was tied to a chair and had his mouth taped during the incident.

Deery, 39, of Edenreagh Road, had been sentenced to six months in prison for common assault on the boy - who he had given a summer job - at his PJD Bodywork and Repair outlet on Edenderry Road in July 2006.

Ferguson, 21, from Tamnaherin Road, was jailed for nine months for common assault and false imprisonment.

"This boy was assaulted, taped to a chair, subjected to gross indignity and all the while his fellow employees... jeered and laughed at him"
Sir Brian Kerr

Lord Chief Justice Sir Brian Kerr said it had been an "outrageous, disgraceful episode" which could have a lasting impact on the victim.

"It was quite clear from the early stage that what may have begun as some sort of misguided prank strayed into the realms of criminality," he said.

"This boy was assaulted, taped to a chair, subjected to gross indignity and all the while his fellow employees... jeered and laughed at him.

"This incident occurred when he was at a vulnerable stage of adolescence. It was utterly squalid."

However, he said the pair were not suitable cases for immediate imprisonment because of their clear criminal records and exemplary work history.

Ferguson was given 150 hours community service instead of the nine month sentence .

Deery was told his six-month sentence would be suspended for two years, with Sir Brian saying his failure to step in and stop the bullying was a particularly serious aspect.