A 58-year-old man awaiting transfer to trial on charges which include breaching a court order has been refused bail after a judge said he was not satisfied the behaviour would be repeated.
William Thomas Birney whose address was given as no fixed abode, Enniskillen but remanded in custody since arrest, is accused of breaching a Restraining Order on April 12 2023 as well as pursuing a course of conduct amounting to the harassment of a female.
A defence barrister launched a bail application at Enniskillen Magistrates Court explaining Birney has served a nine month sentence on remand before the case has even been transferred.
While accepting the defendant’s record has many entries for the same offending which is why it is being sent to crown court, it was stressed the female in the case has not made a complaint.
Deputy District Judge Brian Archer remarked, “He seems to be continually breaching orders imposed by the court going back over 10 years and a criminal record going back over 35 years.” This was conceded by the defence who pointed out the latest matter were allegedly committed while Birney was on bail for the same type of offending.
A police officer told the court the couple, “Have been in a relationship for quite some time and are well known to police.
There appear to be issues on both sides.” Following consideration Judge Archer refused bail stating, “I couldn’t be satisfied the defendant has reached the point of serving more time than he may receive at crown court given the history. But my main concern is reoffending and he wouldn’t abide by any order the court imposes. As I see it he would simply go out and contact this woman.” Birney was remanded in continuing custody until February 26 when a committal hearing is expected to take place to formally transfer his case to crown court for trial.
To read more on this story see this week’s Fermanagh Herald. Can’t get to the shop to collect your copy? No problem! You can download a copy straight to your device by following this link… Subscribe to current edition
To read more.. Subscribe to current edition
Receive quality journalism wherever you are, on any device. Keep up to date from the comfort of your own home with a digital subscription.
Any time | Any place | Anywhere