Murder accused is granted bail to visit newborn baby in spite of police objections
One of two brothers jointly charged with murdering a father-of-five has been granted compassionate bail for an upcoming visit to his newborn baby, whose birth is overdue.
Sean Anderson (20) and his brother Gary (21), both from Grafton Street in Londonderry, are accused of killing Karol Kelly (inset) in the Rosemount area of the city in March.
Both appeared for a video-link bail application at Derry Magistrates Court, sitting in Omagh, yesterday.
The bail application by Sean Anderson was opposed by a PSNI detective sergeant.
He told Deputy District Judge Sean O'Hare that he believed, if granted bail, the applicant would reoffend, flee the jurisdiction, commit further offences and intimidate witness.
The officer said in the early hours of March 4 of this year Mr Kelly and another man entered the brothers' house at Grafton Street and assaulted them.
Mr Kelly and his accomplice then left the house but they were chased by the two brothers, who had armed themselves with kitchen knives.
Together with a third man, the brothers chased Mr Kelly to the top of Grafton Street. They then pursued him back down the street where a witness saw Mr Kelly being pushed up against a parked minibus.
The officer said the applicant continued to assault Mr Kelly as he lay on the ground and the third man shouted at the applicant to stop.
The applicant, his brother and the third man then returned to their Grafton Street house. Other people in the house went to the aid of Mr Kelly, but he died at the scene from stab wounds.
Both brothers were arrested and charged with murder.
The detective sergeant said the murder of Mr Kelly had left a deep impact in the local community, and he believed that if the applicant was granted bail that could result in public disorder.
The officer said that following the birth, the baby could be brought to Hydebank Prison rather than the applicant visiting his baby in Derry.
He said both brothers were well-known in the community for their involvement in anti-social behaviour, including assaults.
Defence barrister Eoghan Devlin said there was no evidence to support the officer's objections to bail.
He said confidential arrangements, agreed by the police, the Prison Service and by the Court Service, could be put in place to allow the applicant to visit his newborn baby for eight hours.
"Those parties in the city who wished him ill would not be aware of those details," he submitted.
Bail was granted.