A Lurgan man charged with the murder of Odhran Kelly last year was today (Friday) granted bail under strict conditions.
Shane Harte (32), of Garland Avenue in the town is accused of murdering the 23-year-old nursing student.
Harte, his partner Crystal Redden (30) Gary Scullion (32), Andrea Stevenson (43), Stephanie McClelland (36) are each charged with offences in relation to the murder.
During a bail application at Belfast Crown Court, prosecution lawyer David McNeill outlined the case against the defendant.
He said that on the morning of the murder last December 3, police attended Edward Street, Lurgan, after a report of a red Ford Focus car on fire at around 4.50 am. The car was registered to co-accused Andrea Stephenson who lived at 124 Edward Street.
“The body of the deceased was found beside the vehicle. Police then found blood on the door of 128 Edward Street which was Gary Scullion’s flat,” said Mr McNeill.
“They could smell bleach and forced entry. Inside they found murder scene. There was evidence of a clean up with disposable gloves.”
Scullion, Stephenson and McClelland were found in the flat at 124 Edward Street.
A post mortem report said Mr Kelly had been struck to the back of the by a hammer along with a further injury caused by a machete.
At 3.45 am, when Scullion and Stephenson left flat 128, 24 minutes after Harte left, the prosecution said Mr Kelly was “either dead or fatally wounded”.
At 3 am, Stephenson reported hearing a disturbance coming from flat 128 and she called Scullion’s mother, saying she “heard fighting coming from Gary’s flat”.
“This defendant was in the flat for about one hour and 37 minutes. During his police interviews, Mr Harte denied seeing Mr Kelly in the flat,” said Mr McNeill.
“This simply could not be true. He can’t have been unaware of a fight going on in such a small flat.”
The court heard Harte was in contact with Scullion in the early hours of that morning and on December 12 his phone was “factory cleaned”.
At 6pm that evening, Harte was seen on CCTV putting something in his home wheelie bin.
Mr McNeill said that on December 4, Harte took a trip to Galway where his partner Crystel Redden was from, booking a hotel en route for their stay.
“When he got to Galway, he wrote his name in the hotel book before scribbling it out and writing in the name of an associate.
“While on their way to Galway, they stopped at The Outlet centre in Banbridge and bought a new jacket and jogging bottoms costing £120. The red Puffa jacket he was seen on CCTV wearing on December 3 has never been recovered.
“We say there is a prima facie case against him as he was present at the scene when the murder must have taken place.
“He left the jurisdiction and took steps to cover up the evidence.”
Harte has 18 previous convictions on his criminal record including a suspended sentence in 2014 for an “unprovoked assault” on a man in Lurgan.
Mr McNeill said police believed he could commit further offences if released.
Other objections to bail were that he was a flight risk and he could also interfere with the ongoing investigation as other witnesses were being sought.
Defence counsel Des Fahy KC said: “The defendant’s mere presence at the scene would not be sufficient for a conviction for murder.
“His presence in the flat is a significantly shorter period than two of his co-accused charged with this murder.
“Scullion presented with significant facial injuries. So if there was a fight or an altercation, it did not involve this man.
“There are four key exhibits in this case – two machetes, a claw hammer and a pole. Scullion and the deceased on forensic analysis could not be excluded as possible contributors to the DNA found on those items.
He added Harte is not forensically linked to the murder through any weapon or clothing.
Mr Fahy told the judge a £5,000 cash surety has been raised to secure Harte’s release.
Mr Justice O’Hara said he would grant bail subject to stringent conditions.
Along with a £5,000 cash surety, Harte will be freed on his own bail of £750, report to police five times a week, abide by a 11 pm to 7 am curfew, will be electronically tagged and he must surrender his passport.
