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Derry man who had been released on bail is remanded into custody after police found him in the alleged injured party’s bed

Judge: “It’s just outrageous and he has to be taught a lesson."

Derry courthouse

Derry courthouse at Bishop Street.

A Derry man has been remanded into custody after breaching bail conditions when police found him in the alleged injured party’s bed.

Seamus Harkin, 37, of Gelvin Gardens, appeared at Derry Magistrates Court charged with breaching bail conditions imposed by the court.

He is originally charged with burglary with intent to do unlawful damage, threats to kill a woman, possessing Class B drug cannabis, criminal damage and common assault on August 11, 2020.

The court heard that he has four previous convictions and had breached conditions ordering him not to contact the alleged injured party.

He was granted bail with instructions to have no contact with the complainant and not to be in the Waterside area.

When police called to the alleged injured party’s address at the weekend, the defendant was discovered in her bed, an officer told the court.

He added: “The conditions couldn’t be more clear, he blatantly ignored them.”

It was accepted that the alleged victim ‘played a significant part in the breach’ but the officer said the onus is on Harkin to abide by court conditions.

A defence barrister said the injured party contacted his client and mentioned speaking to police about a withdrawal statement.

The 37-year-old was invited to the complainant’s address but defence counsel accepted that responsibility lies with the defendant.

He added that a ‘third party’ alerted police to Harkin’s whereabouts.

District Judge Barney McElholm was asked to give the defendant one final chance given that it was his first breach and he has a ‘fairly limited record’.

Refusing bail, Judge McElholm said: “This is as clear of a breach as one can get.  He knows about breaching bail.

“It’s just outrageous and he has to be taught a lesson.

“Bail is revoked, I can’t just have people blithely ignoring bail conditions imposed by the court.”

Harkin was remanded into custody and he will appear again by way of video link on October 8.

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