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Markethill man refused bail after court told he breached conditions twice in a month

The deputy district judge said: 'The only condition really was to refrain from having alcohol and you have breached it twice'

Newry Courthouse

A Markethill man who breached bail for the second time in a month has not been remanded in custody.

Court heard the 22-year-old was subject to bail for two alleged offences of criminal damage, with one condition being that he does not consume alcohol.

James Livingstone, of Coolmillish Park, appeared on foot of a breach of bail at Newry Magistrates’ Court on Monday.

Court heard that on April 27, at around 1.50am, police observed the defendant when he appeared to be under the influence.

Officers noted that he was unsteady on his feet.

When police spoke to Livingstone he admitted that he had been drinking but refused to submit to a breath test.

A constable told the court that this was the defendant’s second breach of bail this month.

She said: “There is a fear that he will commit further offences and breach bail again.”

Defence barrister Seamus Lannon stated: “I am asking that the court admit him to bail.

“He is due to appear before Armagh court for the offences.”

Deputy District Judge Liam McStay said: “There’s a presumption of bail but you have not exactly been given the most stringent of conditions.

“The only condition really was to refrain from having alcohol and you have breached it twice.”

He continued: “You have previously breached court orders and have recent prison sentences for offences which I believe may have an element of alcohol involved.”

Livingstone was refused bail and ordered to be produced before Armagh Magistrates’ Court on April 30.

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