A Lurgan man who wishes to have his bail varied to return home over concerns regarding his health must wait to hear if this is successful.
The 45-year-old is proposing to return to the family home just one street from that on the complainant’s address, however, a district judge has commented that the alleged offences sound “like a sinister incident”.
Steven Dolan, of Island View, is charged with assault occasioning actual bodily harm, common assault, criminal damage, attempted intimidation, burglary with intent to commit grievous bodily harm and possession of a firearm without a certificate.
On Monday, the case was listed at Lisburn Magistrates’ for the purposes of a bail variation application.
Defence barrister Aaron Thompson outlined that the variation related to the defendant moving back to his family home on Dill Avenue in Lurgan.
He stated: “Mr Dolan suffers from epilepsy, he is currently living with an elderly relative who would not be fit to look after him if he took a fit. His wife would be much more accustomed to dealing with that.
“This address is only a street away from the alleged injured party, but the point is that Mr Dolan is at this address first thing every morning.”
Mr Thompson informed the court that there was nothing barring the defendant from the area.
He stated: “He has been spending the whole day there, before leaving shortly before 11pm to go to sleep further away.
“Essentially, he is allowed in the area, he is just not allowed to sleep there. If you keep the condition of tagging and the curfew, it would be the same situation.”
He added: “He has been on bail since April and has been in and out of the area. Although I must accept there are concerns given that this is not a low end case.”
Prosecution submitted that GP notes did not refer to fits and that the address was “much too close” to that of the complainant.
District Judge Amanda Brady commented: “This sounds like a sinister incident, with even charges relating to possession of a firearm.
“It seems only sensible that the injured parties and the defendants would be kept apart.”
Mr Thompson stated: “We have submitted a medical report which confirms Mr Dolan suffers from epilepsy and is on medication for that.”
District Judge Brady said that she could not make a ruling in the absence of a response from the prosecution service or a copy of the medical report.
The case was adjourned until July 10 for the resumption of the bail variation.
