A MAN who made a hoax call to police warning them there was a gunman on the loose in his village has evaded punishment after responding well to treatment for mental health problems.

Eden Magistrates heard that armed officers had rushed to Ravenstondale after resident Simon Andrew Kernan, of Dickie Green Cottage, phoned them on June 14 to say there was a man in the village with a sawn-off shotgun who had pointed it at a girl.

But when police arrived they failed to find a gunman and instead encountered the unarmed 24-year-old Kernan, who answered to the description, said Peter Kelly, prosecuting.

When challenged by PC O'Brien, Kernan ran away and then appeared in front of the officer who had a firearm with him and was wearing a bullet-proof vest.

Mr Kelly said that Kernan was told to stand still but carried on walking towards PC O'Brien "grinning". He raised his arms as if to embrace the constable and then lunged forward. Concerned that Kernan was going to grab his weapon, the officer drew his truncheon. But Kernan pulled him to the ground and a violent struggle ensued during which PC O'Brien sustained a small cut to his forehead.

Other officers finally managed to restrain Kernan and handcuff him but they were concerned that he was having some sort of fit and called an ambulance. However, paramedics were content that Kernan was not in need of medical attention and was well enough to be detained.

Mr Kelly told the court that when Kernan was put in a waiting police van he headbutted the window and kicked seats and doors causing £1,225 worth of damage. The prosecutor reported that the man had then jeered at police telling them "the first one who opens the door come and get me" and "let me have you one to one". Police used CS-spray to quell Kernan.

Kernan later pleaded guilty to assaulting PC O'Brien and causing criminal damage to the police van.

Mitigating, Geyve Walker said the "bizarre" case was a result of his client's mental health problems. He said Kernan had deliberately phoned police to say there was a gunman in Ravenstonedale, and gave the description of himself as that man.

"It was his intention to bring the police there with the view they might unwittingly inflict some harm upon him mistaking him for a dangerous person who had a shot gun," said Mr Walker.

At an earlier court hearing, presiding magistrate Richard Turner had told Kernan that, for such "serious offences", imprisonment would normally be considered but in view of his "serious mental health problems" sentence was deferred for six months on condition that he did not commit further offences and agreed to undergo medical treatment.

With the six month deferral ending at last Friday's hearing, presiding magistrate Maureen Lamb was satisfied that Kernan had not re-offended and was, according to medical reports, dealing well with his mental health problems. She gave Kernan a conditional discharge for one year which means he will not be punished for the offences as long as he stays out of trouble.

She said: "Your progress, stickability and determination to do well has persuaded us to do that."

May 15, 2003 15:34