A CRIMINAL who staged a dirty protest in a Wigan police cell has escaped jail despite being in the middle of a suspended sentence.
Liam Withington kicked and spat at an officer before defecating in his cell at Wigan police station and throwing the faeces at a CCTV camera.
In the early hours, he damaged and soiled his cell. The cleaning cost was £100Nicola Ormerod - prosecuting
However, magistrates, while warning this was his “final chance” looked kindly on the defendant after a positive report from his offender manager who told them he had got a job.
The 20-year-old was arrested by police on Wilkinson Street in Leigh on December 19, last year.
Nicola Ormerod, prosecuting, told how officers were called after an intoxicated Withington was “shouting and crying and being aggressive”. Local residents told police that he had woken small children up with his behaviour.
Police initially advised him to move away from the area, but as he was walking away he turned around and began shouting and swearing at the officers.
He was then arrested for being drunk and disorderly and was handcuffed.
Ms Ormerod said: “He started spitting out at the officers. While being restrained, he had to be taken to the floor when he kicked PC Taylor to the shin.
“He was then further arrested for that and taken to Wigan police station.
“In the early hours, he damaged and soiled his cell. The cleaning cost was £100.”
The court also heard that Withington has a history of 16 offences and eight convictions. At the time of the offence he was also nine months into a serving a 12-month suspended sentence.
However, Melissa Fagan, defending, told the court how Withington had shown good progress in that time and had got himself a job as a telesales operator.
She also told how, at the time of the offence, he was in the company of someone he is no longer in contact with due to being a bad influence on him.
The court heard how Withington, who lives in Blackley, is “at a loss” as to how he made the 20-mile journey to Leigh.
Rather than jail Withington, the presiding magistrate extended his suspended sentence by another six months and warned him of his future conduct.
He was told: “When we first heard you were on a suspended sentence we thought we would be activating it.
“But having heard you have gained employment and have worked hard with a community order we decided not to. This is your final chance. Well done for picking yourself up, carry on like that.”
However, she added: “You kicked a police officer and behaved in a totally unacceptable way, you clearly haven’t learnt from previous sentences. Please don’t revert back.”
Thanking the magistrate, Withington responded, saying: “I’m not coming here again.”
He was also handed a 12 month intensive community order and must pay costs totalling £295 which include £100 to Greater Manchester Police, £50 to PC Taylor, £60 victim surcharge and £85 court costs.