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Markethill man accused of smashing off-licence window found intoxicated while on bail

Armagh Courthouse

A Markethill man who urinated in a hospital room whilst on bail for an offence of criminal damage has been re-released.

Court heard the 24-year-old was left feeling he had “no choice” after a male police officer was unable to accompany him to the toilet.

James Livingstone, of Coolmillish Park, appeared at Armagh Magistrates’ on Tuesday charged with criminal damage.

The defendant stood in the dock as he was connected by a PSNI officer to the offence of damaging a hospital room belonging to the Southern Health Trust on April 1.

Defence solicitor Jarlath Fields stated that it was accepted that Livingstone had breached his bail by being intoxicated in a public place.

The connecting officer said that bail was being objected to due to fear that the defendant would commit further offences.

She stated: “He has 33 previous convictions, five breaches of court orders and this alleged criminal damage was committed whilst on police bail”.

It was heard the Livingstone was taken to the hospital by police who had found him intoxicated in a public place in the afternoon of April 1 and suspected that he had consumed illegal drugs.

Mr Fields said: “I do not wish to excuse Mr Livingstone’s behaviour, he had been conveyed to the hospital by two female officers, who had remained to stay guard.

“He instructs that he had asked to go to the toilet but due to protocol a male officer must accompany him.

“However, there was no male officer and one had to be contacted to attend the hospital.

“This took some time and Mr Livingstone relieved himself; he felt had no options but to do so.”

This offence was committed whilst the defendant was on bail for an alleged offence of criminal damage after smashing the window of Emerson’s off-licence in Armagh, on March 29.

District Judge Peter Magill stated: “You were released on bail, with conditions not to enter Emerson’s and not to consume alcohol but you did so within a matter of days.”

Livingstone was released on his own bail of £250 with the same conditions to continue.

Both cases will return to court on April 16.

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