A deemster has adjourned the sentencing of two men who admitted affray after questioning whether the committal of one of them to the Court of General Gaol Delivery was lawful.

Paul Edward Mark Ewart, 43, and Paul Anthony McCormick, 36, both previously pleaded guilty to the offence following an altercation in Ramsey on May 28.

Ordinarily, the relatively low-level offence could have been dealt with in the summary court, but McCormick was in breach of a suspended sentence imposed in July last year after he hit a man with a hammer.

However, the two men were committed to the Court of General Gaol Delivery under different sections of the Summary Jurisdiction Act.

While McCormick was committed due to the breach of his suspended sentence, questions were raised over Ewart’s committal.

Deemster Graeme Cook felt he had no choice but to adjourn the case.

He told the court: ‘This committal may not be lawful and needs to be looked at.

‘I am becoming increasingly frustrated by errors in procedure for cases coming to General Gaol. This is the third or fourth such case in a matter of weeks.

‘Something needs to be done which is more of an issue for the Attorney General’s office than the defence.’

Prosecutor Hazel Carroon, who was not involved in the committal procedure, told the court the two defendants were at a property in Gladstone Avenue on May 28.

Ewart was said to have argued with another man, while McCormick and others intervened. There were children upstairs in the house and others in a neighbouring property.

At 10.50pm, police received multiple 999 calls reporting a disturbance. A woman was said to have been heard screaming for help.

Other witnesses reported seeing two men punching each other.

Video footage was said to have shown Ewart and McCormick assaulting each other.

McCormick, of Drury Terrace, Douglas, was represented by advocate Stephen Wood, who accepted that breaching a suspended sentence would normally result in immediate custody.

However, he said: ‘A medical report shows he suffered a penetrating brain injury at work which has resulted in a personality change, loss of memory and a reduced attention span. It has had a devastating effect on the trajectory of this man’s life.’

Mr Wood said probation was keen to continue working with McCormick to address his issues.

He also requested a probation report and said the breach of the suspended sentence would have to be dealt with by the higher court.

Ewart, of Bemahague Avenue, Onchan, was represented by advocate Jane Gray, who raised concerns about the deemster considering a suspended sentence when such a case heard in the lower court would likely result in a fine or community order.

She told the court that the summary court had accepted jurisdiction over his case, but it was sent to General Gaol alongside McCormick.

Those concerns led Deemster Cook to adjourn sentencing.

He indicated both Ewart and McCormick would receive suspended sentences, but said he needed further answers about the way Ewart’s case had been committed.

Both men were granted bail and are due to be sentenced on September 18.