A young Lifford man whose brother perished on the same stretch of water on which he was arrested has been spared being sent back to jail for fisheries offences.
Mark Colhoun was caught by fisheries officers with a gill net and other items along the River Foyle on April 5th last.
Colhoun and another man were observed throwing a hook with a chord into the water several times before pulling out a gill net.
There was nothing in the net but as the men left they were approached by observing officers.
A stand-off ensued between Colhoun of 41 Beechwood, Lifford who had told his accomplice not to open the boot of the Ford Mondeo they were in.
When the boot was opened, the fisheries officers found various illegal fishing equipment.
The court heard that Colhoun then squared up to officers and threatened them forcing one officer to take cover in his car.
Solicitor for Colhoun, Frank Dorrian, said his client had served a prison sentence in Castlerea Prison along with another brother for fisheries offences.
He said his time there had been torrid and that he hated every second of it.
Mr Dorrian also revealed it had been a very difficult time for him personally as his brother had died tragically and his mother had also passed away suddenly.
Judge Paul Kelly said if Colhoun had not been fishing illegally then he woul dnot have come before the courts.
Judge Kelly said fisheries officers had a right to do their job without being assaulted and abused.
However he said he accepted Mr Dorrian’s claims that Colhoun had a torrid time in prison and did not want to go back.
He sentenced him to a total of one year on jail but suspended the sentence for two years and also fined him €500.