Belfast Telegraph

Thursday 25 December 2014

Suspect gets bail, but judge is sceptical

A High Court judge has granted bail to an alleged burglar — despite expressing little faith in him abiding by release conditions.

Mr Justice Treacy said there was a risk of Gavin Kelly reoffending, but ruled that delays in his case were significant enough for his application to succeed.

Kelly (29), of no fixed address, is accused of breaking into properties in Belfast in June.

Laptop computers, iPhones, car keys and a BMW 6 Series vehicle were stolen during one raid at Osborne Park in the city.

Kelly faces charges of burglary, attempted burglary, aggravated vehicle taking, driving while unfit and driving without insurance.

He denies the allegations of burglary and stealing the car.

The case against him is said to involve footprint comparison evidence.

Kate McKay, prosecuting, disclosed that a target date for obtaining forensic results was January 21 next year.

However, Mrs McKay contended that there was still prima facie evidence against Kelly.

A defence barrister argued the accused has been in custody for five months, with no update on forensics until now.

The judge granted Kelly’s release, adding: “I have no confidence you will comply with the terms of your bail.”

Kelly was ordered to live at his mother's house, to report to police three times a week and banned from being in a private car. A night-time curfew and electronic tagging conditions were imposed.

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