A Newry man who a district judge has said was “lucky” to get bail has been released despite breaching conditions.
The district judge warned the 31-year-old: “In the absence of any further complaint I am going to give you the benefit of the doubt, but if you breach bail again you will be spending a period of five or six months in custody.”
Dwayne Cunningham, of no fixed abode, appeared on foot of a breach of bail at Armagh Magistrates’, sitting at Lisburn, via videolink from police custody.
The accused is charged with robbery, threats to kill, threats to damage property and disorderly behaviour.
All the offences are alleged to have occurred on July 11 of this year on Monaghan Street in Newry.
Defence solicitor Patrick Morgan informed the court that the breach by the defendant was accepted.
A constable outlined that on August 3, at 5.30pm police received a report from a male alleging that he was being chased by Cunningham in Newry.
A PSNI operator did observe the defendant in the vicinity of Monaghan Street, an area which he is prohibited from entering as per his bail conditions.
The reporting person did not make a statement and there were no further charges, however, the constable stated police feared if they had not been contacted further offences would have been committed.
Mr Morgan stated: “There are no new offences, the breach itself is being in Monaghan Street. Mr Cunningham has instructed us that he was there because that is where his pharmacist is.
“Due to addiction issues he currently only receives a short prescription for two or three days. He is seeking to address his issues and is on a waiting list for Cuan Mhuire.”
He added: “This is an indictable only charge and it is likely to take some time to make it through the courts.”
District Judge Nigel Broderick stated: “I am not going to revoke bail as I believe it would be disproportionate. You have a horrific record and you were lucky to get bail in the first instance but this is your first breach.
“In the absence of any further complaint I am going to give you the benefit of the doubt, but if you breach bail again you will be spending a period of five or six months in custody.”
Cunningham was released on continuing bail and the case was adjourned until August 26.
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