Man facing riot charges on night of Lyra killing refused bail again
A Londonderry man charged with committing public order offences in the Creggan area on the evening journalist Lyra McKee was murdered by a New IRA gunman was yesterday refused bail for a third time.
Paul McIntyre (51), from Ballymagowan Park in the Creggan area, is charged with riotous assembly, with throwing a petrol bomb at police officers, with possessing a petrol bomb and with the arson of a tipper truck. He's alleged to have committed the offences on the night of April 18.
His co-defendant, Christopher Joseph Gillen (38) from Balbane Pass in the Creggan, did not make a bail application.
He faces the same charges as the defendant McIntyre, with an additional charge that he hijacked a tipper truck.
Both men have been in custody since their arrests over three weeks ago.
A detective constable told District Judge Barney McElholm at the Bishop Street Magistrates' Court that he opposed the bail application on the basis that a proposed bail address in Dungiven put forward by the defendant was not acceptable to the police.
He said previous bail addresses put forward were previously deemed unsuitable by the police.
The officer said that the occupant of the proposed bail address in Dungiven was a 71-year-old man who had a heart condition. He said that the man had lived in his home alone for the last 20 years.
The police witness said he spoke to the man, who he said seemed to have very limited knowledge of the case and who had only reluctantly agreed to allow his house to be used as a bail address as an obligation to a local councillor who had approached him.
The detective said the pensioner thought he was offering his home as a bail address to a young person. He said the elderly man did not know the defendant McIntyre and did not know what the police investigation was about.
The witness said he believed the gentleman had been initially misled by the person who approached him, adding that he believed the pensioner had given his reluctant consent to his home being used as a bail address.
The constable said the man was unaware that if the defendant was bailed to his home that the police would have to carry out regular curfew checks, sometimes in the early hours of the morning.
Applying for bail, defence solicitor Derwin Harvey said the householder was of good character and of a full mental capacity.
The solicitor said the occupant was willing to provide his home as a bail address.
Refusing bail, the District Judge said he had a gut reaction against people who approached pensioners asking them to take someone into their home in terms of a bail address.
Mr McElholm added that Dungiven was far too close to Derry and that a bail address well outside the city would have to become available before he granted bail.
The cases against both defendants were adjourned until July 4.