It comes after the accused’s father ‘said he would not let his son go to jail in this country’
District Judge Nigel Broderick heard that while the family of the 14-year-old have signed a rental agreement and paid a month’s rent in advance, his father supposedly told the landlord that if his son is granted bail, the family “have no intention of remaining in the jurisdiction”.
“He followed that up with saying that he was not going to let his son go to jail in this country,” a detective told Ballymena Youth Court.
Two 14-year-old boys are currently on remand, charged with attempted oral rape of a schoolgirl, also aged 14, on June 7.
Previous courts have heard how the two defendants were arrested within hours of the alleged attack, while a third suspect, also a teenager, has fled the country and is residing in Romania.
One of the boys lodged an application for bail yesterday. Objecting to him being released, the detective outlined that according to the police’s case, the schoolgirl was walking to meet friends when she was dragged down an alleyway into a garage on Clonavon Terrace.
The girl saw two mattresses on the floor and after she was placed on one of them, the two defendants are alleged to have tried to force her to perform sex acts on them, while the third suspect allegedly raped her.
The alleged assailants stopped when they heard a male voice outside the garage, giving the girl an opportunity to escape.
Police attended the property on Clonavon Terrace as the two defendants matched the complainant’s descriptions, and the pair were arrested.
It was heard that, during interviews, “this defendant provided a prepared interview where he denied any criminality” and then refused to answer questions.
The detective told the court police have “strong objections” to bail given that the third suspect has already fled, as well as taking into account the alleged comments of the defendant’s father.
She added that when a different address had been put forward in an earlier proposed bail application, police had spoken to the occupants of that other property.
“They told police the defendant’s father had indicated the intention that, if released from custody, he would be removed from the jurisdiction,” said the detective.
She added that “police have serious concerns about the parents’ ability to assist with the adherence to bail”.
Regarding the investigation, the detective told Judge Broderick the forensic examinations have been completed police intend to have the file submitted to the PPS in two weeks.
Defence counsel Conn O’Neill said that despite comments allegedly attributed to the defendant’s father, “they barely speak English”.
“So you think that the landlord is telling lies?” Judge Broderick asked.
The barrister replied: “No, I don’t, but it may have been lost in translation.
“What I think has happened here is that they may not have had the best first impression of being in our jurisdiction.”
Mr O’Neill said despite the family not having great wealth, they had gathered £1,000 to lodge as a surety to try to assuage the concerns, submitting that the teenager’s passport and any travel documents are already in the possession of police.
Judge Broderick said while both he and the lay magistrates accept there is a presumption of innocence and in favour of bail, “we are concerned about what the officer has said regarding the risk of flight”.
“We have considered whether or not the risk could be managed by additional conditions of bail, but we feel that in the circumstances, we are not satisfied that conditions would address the risk of flight,” the judge ruled.
Refusing bail, he adjourned both cases to October 15, stressing that “it is vital that this matter is expedited”.
News in 90 Seconds – October 2nd