TWO men were refused bail at Derry Magistrates’ Court today over an attack on their friend who had suffered a broken nose and a severed ear/.
Facing the court for a first remand hearing were Marc William Elliot, 22, of Duddys Court who was charged with grievous bodily harm with intent, possession of a class A controlled drug, namely amphetamines, and assaulting a police officer on Saturday, August 15.
Also in the dock was Tiernan Martin, 21, of O’Casey Court who was charged with grievous bodily harm with intent on August 15 and using disorderly behaviour at Causeway Hospital on Sunday, August 16.
The court heard that two co-accused, who are friends with the alleged injured party, arranged to have a drink together in a flat where all three ‘drank heavily’.
A resident is said to have reported seeing the victim covered in blood and two males running away from the scene with the defendants matching the description.
Reading the prosecution facts, District Judge Ted Magill said Elliot was located in a nearby alleyway where he ‘bit’ the arresting officer.
He went on to say that Martin was caught by police as he attempted to climb over a metal fence.
Police say blood was found on the defendants’ clothing.
The victim was said to have suffered a broken nose and a severed ear which required surgery.
During police interview Elliot made no comment.
Police objected to bail due to a likelihood of further offending and interference with witnesses.
A defence barrister for Elliott said the alleged victim is someone who suffers from seizures and black outs – a point that police had confirmed.
He added that he was ‘somewhat disappointed’ the police decided the case was ‘charge ready’ as it was suggested the clothing should be checked for blood and drugs submitted for testing.
Drugs found on Elliot were prescription medication, said the defence barrister.
A police officer told the court that 31 white tablets were found loose, not inside packaging.
He also said that the blackouts police referred to were in relation to alcohol.
The defence barrister then said that his client recently spent a lengthy period of time in custody.
Elliot’s family are supportive and are worried about him becoming institutionalised.
Requesting bail, he said Elliot has a limited criminal record and could be managed with a strict bail regime.
Defence counsel Eoghan Devlin for Martin confirmed with a police officer that the injured party was not in a position to explain his injuries as he has ‘no recollection’.
He added that clothing would have to be examined and disputed that there was a risk of his client interfering with witnesses.
The 21-year-old has 40 previous convictions including burglaries, assaulting police, common assault, criminal damage and one serious assault.
Mr Devlin said Martin has no history of committing violent offences while on bail and contended that the case is a year away from committal hearings.
Judge Peter Magill described the offences as ‘extremely serious’ which were allegedly committed while on bail.
Both men were denied bail and remanded into custody.
Their case will be heard again on Monday, September 14.
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