A judge sitting in the same court where a colleague granted compassionate bail to allow a remand prisoner to register as homeless, has taken a contrary position further adding to the existing judicial disparity on whether the practice should be occurring.
Last week, District Judge Peter Magill, agreed to release twenty-two-year-old Lee Donnelly from Millview Meadow, Coalisland who is charged with causing grievous bodily harm, although told Dungannon Magistrates’ Court “there’s confusion about this”.
He added: “Staff are being told the Housing Executive are not prepared to do this anymore. But I’m prepared to allow it.”
Issues began to surface in December last year when a similar application for temporary release to attend with the Housing Executive to register homeless in order to obtain accommodation.
On that occasion a police officer referred to an email from the Housing Executive which “states very clearly this process should not be happening. They will not provide bail addresses to persons on remand.”
The defence countered: “We’ve had a number of applications in other courts which were granted. I’m not sure where the constable is speaking from.”
The judge in that instance refused. In a later application at the same court but with a different judge another police officer stated: “The Housing Executive have advised they are not accepting prisoners coming to them.”
This application was, however, granted.
Again at the most recent sitting of Dungannon Magistrates’ Court, lawyers for Conor Conway (33) whose address was given as no fixed abode who is accused of stealing £144 worth of fragrances on April 6 and being unlawfully at large from Maghaberry Prison after absconding from a period of compassionate bail, attempted to have him freed to register as homeless.
However, District Judge Francis Rafferty noted the same application was made before him in a different court several days beforehand and remarked “this is the man who wants compassionate bail to go to the Housing Executive and I refused. I do so again and will not be granting bail for this purpose”.
The defence advised the matter would be appealed at High Court.
Previously when approached on the issue the Lady Chief Justice’s office said: “Bail is a matter for the individual judge. This office cannot comment on judicial decisions, but we can advise that courts are required to apply the law governing bail.”
The issue of judicial inconsistency was not addressed.
Nonetheless, the practice continues, and depends entirely on whether the judge accepts the Housing Executive correspondence or not as opposed to what may or may not be the legal position.
If accommodation in these circumstances cannot be dealt with, the specific purpose of the compassionate bail release is nullified.
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