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Derry accused gets bail: Murdered man kicked 'like a football' - court told



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A soccer player directed a football style kick to the head of a man beaten to death in Derry, the High Court heard this week.

Details of the single blow Edward McEleney allegedly aimed at Liam Devlin (19) were disclosed as a judge granted him bail.

McEleney (21) and fellow Derry man Sean Cruickshank (20) have both been charged with murdering Mr Devlin last August.

Witnesses claim the victim, from Burnfoot, Co Donegal, was kicked about the head up to 15 times during a confrontation in the city's Creggan area, the court heard.

Crown lawyer Cate McKay said that, after his arrest, McEleney, of Circular Road, Derry, claimed he had only "booted" Mr Devlin once.

But Cruickshank, of Lislane Drive, was allegedly kicking and throwing punches like a street fighter, it was alleged.

Mrs McKay said McEleney claimed to have become involved in an altercation with another man at the scene before falling to the ground.

"When he got up, he described kicking him (Mr Devlin) like you would kick a football, with the laces part," she said.

Defence counsel Kieran Mallon confirmed his client had been out that night celebrating with the local football club he played for.

Mr Mallon claimed a distinction should be drawn between Cruickshank - who has already been released on bail - and McEleney who directed just a single blow at the victim.

He also stressed that an independent autopsy report indicated marks to Mr Devlin's arms, suggesting this lone strike may have been deflected away from the head.

McEleney's account of what happened was given freely to police and backed by witness statements, the defence lawyer argued.

Mr Mallon added that he was not even prepared to concede there was a case to answer against his client if the murder charge stood.


Unacceptable


Granting bail, Mr Justice Hart said that, as a neurological report was not yet available, it could be the autumn before McEleney is sent for trial. That represented an unacceptable period for him to be detained in custody, the judge said.

As part of his release conditions, he was banned from entering the Bogside, Creggan and Brandywell districts, curfewed and ordered to have no contact with Cruickshank or witnesses.

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  • Last Updated: 26 March 2008 2:36 PM
  • Source: n/a
  • Location: Derry
 
 
  

 
 


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