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Son accused of assaulting his mother denied bail despite withdrawal statements being made

The district judge said in his view there was 'a very high risk of reoffending'

A Portadown man who is accused of assaulting his own mother has been denied bail despite withdrawal statements being made.

Court heard the 22-year-old’s mother still wished the restraining order, which runs until April 2022, to continue, as it is the only thing “protecting” her from her son.

Kyle Elliot, of Clendinning Way, appeared charged with common assault, criminal damage and breaching a restraining order at Craigavon Magistrates’ Court on Friday, where he appeared via videolink from Maghaberry.

Defence barrister Joel Lindsay made it known that the case was listed for a bail application.

A constable, who was called to give evidence, said that a withdrawal statement had been made from the alleged injured party, the defendant’s mother.

However, she had asked that the restraining was kept in place as it was “the only thing protecting” her.

He commented: “Kyle and his mother have an extensive domestic history.”

Prosecution stated that they had not yet seen the withdrawal statement but regardless domestic protocol would need to be followed before a decision was made.

The constable outlined that Elliott had been involved in 21 previous incidents, with relevant records in his entry including 11 common assaults and three criminal damage offences.

He said that there was a fear the defendant would reoffend or breach bail as he had done in the past.

It was clarified by the prosecution that the restraining order which was in place ran until April 2022.

Mr Lindsay stated: “He has served six weeks to date, add another four weeks, that is 10 weeks. The defendant accepts the domestic history and the problems in the relationship.

“Time after time he is serving time in custody, his mother does not come to court, he pleads guilty and ends up serving three or four months.”

He added: “This is an application for bail provided an address is approved by police. It will be a hostel and will not be approved if in the Portadown area.”

Prosecution told court that two or three weeks would be required for a decision to be made.

Mr Lindsay added: “He will have served the equivalent of five months. What is the sense in that?”

District Judge Steven Keown stated: “I take that point but I still have to look at the merit in the bail application.

“He has breached restraining orders in the past and has not abided by conditions in the past.”

He added: “Bail is refused. My view is that there is a very high risk of reoffending and I don’t think there are any conditions which could prevent that risk”.

The case was adjourned until January 10 for a decision on the case.

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