Judge visits cell to see accused deemed ‘too dangerous’ for court

Barry Whittle (34) arrested in Derry after incident in which man was allegedly glassed

A judge on Monday convened a court sitting in a cell after prison officers told him the accused was too dangerous to be brought into a public court.
A judge on Monday convened a court sitting in a cell after prison officers told him the accused was too dangerous to be brought into a public court.

A judge on Monday convened a court sitting in a holding cell after prison officers told him the accused was too dangerous to be brought into a public court.

District Judge Barney McElholm temporarily adjourned Derry Magistrate's Court and went down to the cells to conduct a remand hearing involving Barry Whittle (34), of Clareen Drive, Derry.

Whittle was arrested last Friday and charged with causing grievous bodily harm with intent on a man. The alleged victim was arrested but has been bailed.

A prison officer told Judge McElholm he was unable to bring Whittle to the dock because he had attempted to attack his colleagues.

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Keith Kyle, defending, said he could not consult with Whittle, who has 67 previous criminal convictions, “for the same reason”.

Judge McElholm said he would rise and hold the hearing in the prisoner detention area below the courtroom. Court reporters could not attend as the Prison Service said it would be too dangerous.

Mr McElholm went to the cell accompanied by a prosecution and defence solicitor and by two court officials. A number of prison officers were also present.

The judge returned to the court and gave reporters a report of what had transpired. He said on Friday the police received a 999 call reporting an incident in the Strathfoyle area.

The police went to the scene and found the injured party with serious injuries to his head area after being glassed. The officers searched the locality and found the defendant who also had injuries. He told police he had been attacked by the injured party using a crowbar.

The injured party said the defendant had attacked him with a bottle and he fought back to defend himself.

Mr McElholm said the defendant was currently on bail for two previous assault charges and he had also breached court bail conditions six times since August 14th. He remanded Whittle in custody until December 17th.