A Co Armagh man charged with the murder of Odhran Kelly was today refused compassionate bail to attend his daughter’s First Holy Communion.
On Friday, Belfast Crown Court heard that Gary Damien Scullion (32), of Edward Street, Lurgan, is the only one of five defendants charged in connection with the murder in December 2023 who has not been granted bail.
In moving the compassionate bail application, defence counsel Sean Doherty told Mr Justice O’Hara that Scullion wanted to “participate in some way” at his daughter’s First Holy Communion next Friday, May 16, at St Peter’s Church in Lurgan.
He told the court that while on remand Scullion has maintained ongoing contact with his daughter in what he described as an “important relationship”.
“This court will know that First Holy Communion is a hugely significant event in the life of a young person,” said Mr Doherty.
“It may have lost some of its religious importance in our increasing secular society but this is a day a child will remember forever.
“The defendant’s daughter wants him to have some participation in her special day.”
Mr Doherty said if Scullion was released he would be at all times in the company of his mother who would collect him from and return him to prison.
He added that if there were sensitivities about attending the ceremony and its proximity to the murder scene, it was proposed to release the defendant for a shorter period of time and go to a place outside of Lurgan where the family would congregate for a private photo shoot.
“This is a modest proposal to spend some time with his daughter on her First Holy Communion day. He is prepared to forgo his presence at the chapel if that eases concerns,” added Mr Doherty.
However, prosecution counsel David McNeill said the compassionate bail application was opposed by police.
Outlining the objections, the lawyer said the family of the deceased would be at the same church as a cousin of Odhran Kelly is also making her First Holy Communion.
“We say it is wholly inappropriate for Mr Scullion to be at the location,” said Mr McNeill.
“The location of the photo shoot in Craigavon could give rise to him coming across people affected by this (murder) including family members of the deceased or others.”
The prosecution said there was also an objection to the defendant’s mother acting as a surety as she was a witness for the Crown in the case.
“She has told the prosecution that she is not willing to attend court as she is the defendant’s mother and is currently in bad physical and mental health. She says she doesn’t want to be near court as she feared being in contact with the deceased’s family.
“We say that in no way is she a suitable person to go as surety for this defendant or to manage the defendant on compassionate release.”
He added that police had concerns Scullion could interfere with witnesses and could commit further offences.
The prosecutor confirmed to the court that Mr Kelly was killed in Scullion’s flat at 128 Edward Street.
Following legal submissions, Mr Justice O’Hara said: “I have significant concerns about what has been said about the defendant’s mother and about her unwillingness to attend court and what she has said about her own physical and mental health.
“It strikes me that she is a very unlikely surety or person to manage or control her son if he is released from prison.
“I refuse the application for compassionate bail.”
During a previous hearing, the court was told on the morning of the murder on December 3, 2023, police attended Edward Street, Lurgan, after a report of a red Ford Focus car on fire at around 4.50 am.
Mr Kelly’s body was found beside the vehicle.
A post mortem report said Mr Kelly had been struck to the back of the head with a hammer along with a further injury caused by a machete.
