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Daily Mirror
Daily Mirror
National
Ryan Merrifield

'Passenger from hell', 71, attacks police officers on bus after seeing 'red mist'

An OAP known as the "passenger from hell" has been spared jail after blaming his aggressive behaviour on a bus on "red mist" he has had since childhood.

Grumpy old man Raymond Barry, 71, who was on his regular day trip out, attacked two special constables in a fit of rage.

They were called to a double decker to deal with him over a row he was having with a fellow passenger who tried to jump the queue.

During the bust up, Barry was heard "laughing intensely" as he was being cautioned by the officers before gritting his teeth and then head butting one and then hitting him in the face with his own handcuff.

He subsequently spat over the officer and his colleague as he was being led away.

Inquiries revealed Barry, from West Derby, Liverpool had previously tried to throttle a bus driver who had woken him up due to being concerned he was going to miss his stop.

Both the incidents occurred during his routine afternoon out sightseeing in which he would take a ferry across the Mersey river.

Sefton Magistrates' Court in Bootle (Liverpool Echo)

He was well known amongst bus drivers with fellow commuters coining his nickname due to his explosive behaviour.

At Sefton magistrates court Barry, who is awaiting cancer treatment, admitted assaulting special constables Jack Osborne and Connor Billington.

He was sentenced to 12 weeks in prison, suspended for two years and to pay a total of £300 in compensation to the officers.

He claimed his sudden losses of temper were triggered by unexpected confrontations which reminded him of his days in care as a child.

Aaron Smith, prosecuting, said: "Officers were called to a disturbance at Queens Square on July 12 of last year. Ultimately, Mr Barry was detained by Special Constables Osborne and Billington.

"They headed towards Mr Barry and noted his demeanour. They sought to place handcuffs on him but he became violent and pulled away from the officers.

"While Special Constable Osborne was attempting to detain Mr Barry, he was laughing intensely as he was being cautioned.

"Using his full force and power, he steadied himself and then hit the officer with his head to the bridge of his nose and forehead causing immediate pain and causing him to stumble back slightly.

"One handcuff was placed on the defendant. The officer had been unable to attach the second. Mr Barry came towards him again and officer Osborne struck Mr Barry to stop him.

"He was gritting his teeth and staring intensely towards the officer. Ultimately, he swung the handcuff towards him hitting him on the nose, causing him pain."

Mr Smith said that during the confrontation, Barry also spat towards both officers.

"Officer Billington noted that it landed on his face, his tie, his body armour and shirt," the prosecutor said, adding: "It was a green substance.

"After that he was able to be detained by the officers. He was subsequently conveyed to hospital."

The court heard that Special Constable Osborne was left with throbbing pain in his nose and a cut across the bridge of his nose, along with swelling and bruising.

Barry was last in court in 2015 for assaulting a bus driver and two police officers.

At the the time he had fallen asleep on a late bus going from Bootle to Penny Lane when the driver, who was concerned he was going to miss his stop, gave him a nudge to wake him.

Barry took offence, however, and said to the driver: "Just drive the f***ing bus."

Afterwards, he went up to the front of the bus and placed a hand around the driver's throat and squeezed hard causing him to brake.

After being restrained he refused to leave the bus and police were called.

He subsequently punched a female officer twice in the face and then grabbed her face and pushed her to the floor, leaving her "screaming and crying in pain".

Another officer who attended was also assaulted.

In September 2015 Barry was given a 12 week jail sentence suspended for 12 months. At the time he said he had post traumatic stress disorder due to his years in the care system as a child.

In mitigation defence lawyer Mark Dallas said: "There is a trigger factor to his behaviour.

"Mr Barry was not in drink and his normal routine is to head into town, maybe take a trip on the ferry and just have a general afternoon out.

"On this occasion, whilst standing with other passengers to get off the bus an adult female passenger decided from the back of the queue to barge past everybody.

"By barging past he says it was a proper 'hands on.' Mr Barry was the only one who remonstrated with the other passenger. On actually getting off the bus he reports being punched twice to the face.

"That is the trigger, everything stems from that event onwards.

"He accepts the red mist. It's a sad situation. He lives in sheltered accommodation. There are no issues there. He usually gets on well with people."

Barry was also ordered to complete 25 rehabilitative activity days and pay a £154 victim surcharge.

Sentencing Deputy District Judge Mary Dowrick told him: "This was a serious assault on two people carrying out a public duty. One was a very nasty headbutt and you struck him with the handcuff.

"The other was spitting, which is a really disgusting way of assaulting someone.

"It was made worse because they were Special Constables. Even though it has been a few years since you were last in trouble, the last offence was committed in similar circumstances and all of this makes it worse.

"Time will be spent with the probation as they think appropriate in your personal circumstances. They will work with you to make sure that this type of thing doesn't happen again."

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