A bail address put forward for a man accused of threatening and intimidating a couple who had reported him for theft from a charity shop has been refused on the basis it is uninhabitable.
Desmond Michale Christopher Walmsley (40), from Main Street, Ballinamallard, is charged with assaulting and threatening to kill a female, assaulting a male and having a baseball bat and a Stanley Knife as weapons.
He is further charged with having a folding knife, intimidating the female knowing she was assisting in an investigation, driving while unfit through drink or drugs and without insurance and failing to provide a specimen of blood.
A police officer previously explained shortly after 9am on January 2 police received a call from the complainants who were walking their dogs in Ballinamallard when a red Audi drew alongside them and sounded the horn.
Walmsley got out of the driver’s side and approached the couple before producing a knife from his waistband and threatening to slit the woman’s throat.
He then stated, “What’s your problem? Putting in a police statement over £200 from a charity shop.”
This was regarded as intimidation as the woman had reported Walmsley to police on December 11 when it is alleged entered a charity shop in Ballinamallard and ‘stole £200 and wrecked the place’.
The couple were terrified but the woman managed to record the interaction on her phone.
Walmsley and a co-accused got back into the car and drove off, with police stopping them a short time later.
On being detained, officers discovered Walmsley was wearing a stab vest and had a black folding knife on his person.
Bail was opposed with the officer pointing to concerns.
“It appears the defendant went out of his way to prepare for the incident by wearing body armour and equipped with a baseball bat to target someone who has made a report to police about him.”
The court heard Walmsley has a short but relevant record for threatening behaviour and criminal damage.
“There is a risk of witness interference and further offending,” said the officer.
“This escalated from a matter in a shop to weapons being brought onto the streets and people being threatened for engaging with police. My concern is, where will that go next?”
A defence solicitor said risks could be managed with appropriate conditions, including exclusion from Ballinamallard.
He suggested an address at Main Street, Maguiresbridge, with Walmsley’s wife willing to act as surety.
Acknowledging the charges are very serious, the judge decided bail could be granted which he set at £500 along with a £500 surety.
In addition, Walmsley is banned from contacting the complainants and must not enter Ballinamallard.
He must travel only as a passenger in any private vehicle
However, at the most recent sitting of Enniskillen Magistrates Court it emerged the suggested address is a now disused commercial property and not suitable for rehabilitation at this stage.
It is also close to an area where children gather to await their school bus in the mornings.
This meant Walmsley had remained in custody, but his lawyers again attempted to allow him to be released, arguing it is believed to be suitable.
Strongly opposing this, a police officer told the court: “A physical check was carried out and there is no kitchen, cooking facilities, shower, bath facilities or heating. The electricity supply runs from a disused bar. The bedroom appears to be a bed in a storage cupboard. Overall it is not considered habitable.”
The defence contended the address was suitable if some amendments were made but District Judge Alana McSorley refused bail.
“I’m satisfied this is more aligned with a commercial property and not suitable as a residence. It is uninhabitable.”
Walmsley remains in custody and the case will be mentioned again on February 16.
