Derry Court: Murder accused seeks bail variation to enjoy 'lighter and brighter' evenings

A woman accused of murder has applied for an extended curfew to allow her to enjoy the ‘lighter and brighter evenings’ and to spend time with her mother.

Sharon Harland, 45, whose address was given as Bridge Street in the city and Rhona Gracey, 34, of Chobham Street in Belfast are jointly charged with murdering Daniel Guyler and robbing him of £400.

The 75-year-old victim was found with serious injuries in the Termon Street area of Derry on July 23, 2018. 

He later died in hospital on May 1, 2019, at which point the defendants were charged with murder.

At a court sitting on May 13, a defence barrister representing Gracey applied for her bail to be varied.

He asked that his client’s current curfew of 8pm-8am be extended to 10pm-8am. 

The court was told that the 34-year-old has been on bail for a long period without any issue.

Objecting to the variation, a police officer said the defendant has breached bail including an occasion when she allegedly consumed alcohol and drugs, and was ‘verbally abusive’ to PSNI officers.

She was also accused of assault and theft while on bail for an incident that allegedly took place on December 26, 2020.

The police officer said that initially, the primary reason put forward for the variation was to allow Gracey to ‘enjoy the lighter and brighter evenings’.

She explained that at a later date it was brought to her attention that the defendant’s mother was sick.

Referring to the easing of Covid lockdown restrictions, the officer argued that pubs and restaurants reopening would present ‘further opportunity to commit offences while on drink and drugs’.

In response, the defendant’s barrister said, ‘evenings being lighter and brighter is an obvious benefit’.

He told the court that the extension was only for a couple of hours and would be an opportunity to see her mother in Downpatrick.

Defence counsel accepted that his client has issues with drink but believed that the prospect of being remanded in custody for a breach of bail would be ‘strong motivation’ to abide by conditions.

District Judge Barney McElholm said the defendant has a no alcohol condition and shared the concerns of police around the reopening of pubs.

He questioned the reason for relaxing the condition, saying it may not be entirely influenced by wanting to spend time with her mother and the temptation to drink would be ‘too great’.

The bail variation application was refused.

A preliminary enquiry had been scheduled for April 29 at Derry Magistrate’s Court.

But, it could not proceed because Harland is currently at the Shannon Clinic and was not deemed fit enough to take part in court proceedings.

The Shannon Clinic a Medium Secure Unit, providing in-patient services for people with mental illness who require intensive psychiatric treatment and rehabilitation.

In court on May 13, Harland’s defence barrister, Sean Doherty, said his client is still being detained at the clinic as she is ‘very unwell’.

He told the court that the Public Prosecution Service (PPS) may have to proceed by way of a voluntary bill – when an indictment may be served on a Crown Court by the direction or with the consent of a High Court judge.

Judge McElholm also suggested there may be a procedure whereby two psychiatrists can certify that a defendant is unfit to attend.

He added that an ‘appropriate way forward’ would have to be found.

The case was adjourned to a court sitting on June 10.