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Criminal with over 100 convictions goes missing again after being bailed

By Deborah McAleese
Friday, 22 August 2008

Northern Ireland’s bail laws came under further scrutiny today after a career criminal with over 100 previous convictions for robbery, burglaries and thefts, was granted court bail despite objections from police who fear he may reoffend.

And within 48 hours of being given the benefit of the doubt by a court the Belfast Telegraph caught the prolific offender — who has a history of flouting his bail conditions — apparently in breach of bail.

When the Telegraph called at his address in Co Down on two occasions this week we were told he was not there — during the hours of a strict curfew.

An occupant at the house said she had not seen him and was unsure of his whereabouts.

Police warned a district judge earlier this week that the 26-year-old, who cannot be named for legal reasons, has 104 convictions and a history of flouting bail regulations as they objected to a bail application when he appeared in court — for failing to comply with bail.

The court decided, however, to re-release him on bail on the condition that he resides at an agreed address, adheres to a strict curfew, does not enter Belfast in the evening, does not drink any alcohol and takes a breathalyser test any time police request it.

But within days, when the Telegraph twice called at his address in Castlewellan, there was no sign of him at the property within his hours of curfew.

It is understood 18 previous arrest warrants have been issued for the man and he has absconded at least twice.

He has convictions for a string of offences including burglary, theft, assault and other dishonesty type offences.

The offender is currently on court bail awaiting trial for charges of assault and theft.

He was arrested at the weekend after police spotted him on Belfast’s Ormeau Road during the hours he is banned from entering the city.

When police approached him he ran away and was later found in a nearby building that was being renovated.

Objecting to the renewal of bail a PSNI Constable told Belfast Magistrate’s Court this week that the man had a total of 104 convictions and added that “every single time he was granted bail he broke the conditions”.

The offender has been on bail for almost two years after he was charged in January last year with assault and theft which he allegedly committed in December 2001.

The constable admitted that no further offences have been committed since he was charged with the crimes but he added: “I don’t see him complying with bail conditions” and said that he has broken the conditions “time and time again.”

A defence solicitor said however that the man — who is originally from the Markets area of south Belfast but left after being injured in a punishment style shooting — had not committed any more offences and should therefore not be returned to custody.

He added that his client has stayed out of trouble for a length of time and that on this occasion (since the bail conditions were set almost two years ago), this is his first breach.

District judge Fiona Bagnall said that if an offender consistently breaks bail conditions “there must be a point where the court says tough” and revokes bail.

She agreed however to grant bail again but added that she was doing so “on the basis that if he breaches again he will be in custody.”

SDLP justice spokesman Alban Maginness said he thought this was a “strange” decision. “It seems in these circumstances the courts have been overly generous to this man,” he said.

Mr Maginness added: “There is a presumption of bail pending trial for any defendant except in very grave circumstances, given the severity of the crime and also given the risk to witnesses or the risk of reoffending. In this case it is obvious the police are very concerned about him reoffending or breaching bail. It seems strange that the district judge gave him the benefit of the doubt and permitted him bail.”

South Down MLA John McCallister said it can be “frustrating” for police and the public when a police request for bail to be revoked is not accepted by the court.

The DUP man added: “Police do not take a decision lightly to object to bail. They object to bail for good reason — when they have cause for concern that the suspect may reoffend or break the conditions imposed by the courts. Of course we cannot remand every single offender or alleged offender in custody and there are a number of factors for the courts to consider, but I think the courts should take more notice when police do object to bail”.

A PSNI spokesman refused to comment on the case.

There are a number of factors courts must take into consideration when deciding if bail should be granted. Unless there is a risk a defendant will not appear, will interfere with the course of justice, commit further offences or cause public disorder, a court is obliged to consider releasing the defendant on bail pending sentence.

Other circumstances that are considered are the history of the case, previous criminal history and likely length of prison sentence.

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