Derry courthouse at Bishop Street.
A Derry man has been given permission to return to his home address following an incident where he threatened to kill a neighbour's son in a dispute over music.
John Smallwoods, 58, of Canterbury Park, has been charged with threats to kill and common assault for an incident on August 22, 2020.
It is alleged that the defendant entered a neighbour’s home without permission on that date where he punched and threatened to kill her son.
A Public Prosecution Service (PPS) representative said Smallwoods put his knuckles to his head, made reference to a 9mm gun and added that ‘your kind are not welcome here’.
The neighbours had no issues, the court heard, until the woman’s son appeared at the address and Smallwoods took issue with music that was being played.
During police interview the 58-year-old former member of the Navy accepted he went to the front door but denied any of the alleged offences.
Police objected to bail saying that returning to the address could be ‘problematic’ and lead to reoffending.
Representing Smallwoods, a defence solicitor said his client lived in the street for five years and had no altercations prior to this incident.
The court heard that the alleged injured party’s mother hasn’t made a statement.
The complainant had only moved into the address as part of bail conditions of his own in relation to charges of threatening to damage property and common assault, a PPS representative said.
The defence solicitor said that subsequently the complainant’s bail address was withdrawn by his mother and he no longer resides at Canterbury Park.
It was accepted that Smallwoods has a problem with alcohol and spends ‘most of his time’ consuming it.
He was homeless for a long period, the court heard, before securing accommodation at Canterbury Park.
The 58-year-old has two harassment charges on his record which both relate to his wife when he wrote to her asking for his dogs to be returned.
When alcohol is on board he writes to her, the defence solicitor said, but divorce proceedings are well under way.
Sitting at Derry Magistrate’s Court, Deputy District Judge O’Hare decided to grant the defendant his own bail of £500 under ‘very tight’ conditions.
He is prohibited from having any contact with the alleged injured party or witnesses.
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